Law360 Expert Analysis: Kelechi Ajoku and Jason Greenfield Discuss Notable Second Circuit Ruling Impacting Arbitration Provisions in Sexual Harassment Cases

Hinshaw attorneys Kelechi Ajoku and Jason Greenfield have authored a Law360 Expert Analysis column that reviews how a recent Second Circuit ruling will significantly influence future litigation involving arbitration provisions in sexual harassment cases.

The authors provide a series of takeaways for employers from this decision which held that based upon the continuing violation doctrine, a hostile work environment claim that initially accrued prior to the EFAA's effective date can still be subject to the EFAA if the conduct underlying the hostile work environment claim continued after the EFAA's effective date.

Ajoku and Greenfield said this ruling underscores the need for employers to review and update their arbitration agreements, policies, and procedures to comply with the EFAA and related laws.

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• "2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls" was published by Law360 on November 6, 2024.