The California Court of Appeal has held for the first time that harassment based on sexual orientation constitutes sexual harassment under California’s Fair Employment and Housing Act (FEHA), thereby triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA).
In Decloedt v. Radnet Management, Inc., the California Second Appellate District affirmed the denial of an employer’s motion to compel arbitration, concluding that the plaintiff-respondent’s allegations of severe or pervasive sexual orientation harassment by a coworker fell squarely within the EFAA’s exemption from the Federal Arbitration Act (FAA).
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In Decloedt v. Radnet Management, Inc., the California Court of Appeal, Second Appellate District, held that harassment on the basis of sexual orientation is a form of sexual harassment under FEHA and thus falls within the ambit of sexual harassment under the EFAA.
The court relied on the Supreme Court of the United States’… Read the complete article here...
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