The EFAA s a landmark law that allows survivors of sexual harassment and assault to bypass mandatory arbitration agreements and pursue their claims in court. Prior to the EFAA, many employees and individuals were bound by pre-dispute arbitration clauses in employment contracts or service agreements, which often led to private, less transparent resolutions. With the EFAA, individuals can now opt out of these agreements and take their cases to court, where they have the opportunity for a public trial, a jury of their peers, and potentially greater legal recourse.
One of the most impactful aspects of the EFAA is its retroactive application, meaning it applies not only to future claims but also to those involving arbitration agreements signed before the law was enacted. This provision ensures that victims who were previously required to arbitrate their sexual harassment or assault claims can now bring them to public court. By eliminating forced arbitration in these cases, the EFAA provides a more transparent path to justice for survivors, allowing them to seek accountability in a public forum.