U.S. Code » Title 9 » Chapter CHAPTER 4— ARBITRATION OF DISPUTES INVOLVING SEXUAL ASSAULT AND SEXUAL HARASSMENT

9 U.S.C. § 401

Definitions

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In this chapter:(1)Predispute arbitration agreement.—The term “predispute arbitration agreement” means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.(2)Predispute joint-action waiver.—The term “predispute joint-action waiver” means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.(3)Sexual assault dispute.—The term “sexual assault dispute” means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks capacity to consent.(4)Sexual harassment dispute.—The term “sexual harassment dispute” means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.(Added Pub. L. 117–90, § 2(a), Mar. 3, 2022, 136 Stat. 26.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 117–90, § 3, Mar. 3, 2022, 136 Stat. 28, provided that: “This Act [see Short Title of 2022 Amendment note set out under section 1 of this title], and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act [Mar. 3, 2022].”

Notes of Decisions
Cited in 117 cases (117 in the last 5 years), 2022–2026 · leading case: Kassandra Memmer v. United Wholesale Mortg., LLC, 135 F.4th 398 (6th Cir. 2025).
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Kassandra Memmer v. United Wholesale Mortg., LLC, 135 F.4th 398 (6th Cir. 2025). · cites it 7× “9 U.S.C. § 401 note (“application note”).”
Olivieri v. Stifel, Nicolaus & Co., Inc., 112 F.4th 74 (2d Cir. 2024). · cites it 3× “26 (2022) (codified at 9 U.S.C. §§ 401–402). In broad strokes, the EFAA renders arbitration agreements invalid and unenforceable, at the election of the complainant, in sexual assault and sexual harassment cases.”
Michele Cornelius v. CVS Pharmacy Inc, 133 F.4th 240 (3rd Cir. 2025). · cites it 2× “]” 9 U.S.C. § 401 (a). Unlike CVS, they acknowledge that an essential component of 12 a “dispute” is the registration of disagreement.”
Eniola Famuyide v. Chipotle Mexican Grill, Inc., 111 F.4th 895 (8th Cir. 2024). “See 9 U.S.C. § 401 (3)-(4). Therefore, Famuyide may avoid a predispute arbitration agreement if the disputes involved in this case arose on or after March 3, 2022.”
Mangum v. Ross Dress for Less, Inc. (E.D.N.C. 2025). · cites it 7× “26 (codified at9 U.S.C. §§ 401, 402) invalidates the DRA.”
Jane Doe (J.K.) v. Celebrity Cruises, Inc. (S.D. Fla. 2025). · cites it 7× “” 9 U.S.C. § 401 (4). A “sexual assault dispute” is “a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks capacity to consent.”
SJ Med. Ctr., LLC D/B/A St. Joseph Med. Ctr. v. Olanma Destiny Anozie (Tex. App. 2024). · cites it 6× “The relevant section of title 18 defines “sexual contact” to mean “the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or…”
Cardenas v. F.D. Thomas, Inc. (E.D. Cal. 2025). · cites it 6× “8), as well as their opposition to defendant’s motion, in which they contend that 23 the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), 24 9 U.S.C. §§ 401 , et seq., applies to bar forced arbitration of plaintiffs’ claims brought in this…”
Janice L. Ruiz v. Butts Foods, L.P. (Tenn. Ct. App. 2025). · cites it 6× “The plaintiff opposed the motion and invoked the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401 - -402. The trial court deemed the Act applicable and denied the motion to compel arbitration.”
O'Sullivan v. Jacaranda Club, LLC, 2024 NY Slip Op 01117 (N.Y. App. Div. 2024). “Plaintiffs contend that the arbitration agreements were invalidated by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Pub L 117-90, 136 Stat 26 [codified at 9 USC §§ 401 , 402]) (EFAA), which became effective on March 3, 2022.”
Kader v. S. Cal. Med. Ctr., Inc. (Cal. Ct. App. 2024). · cites it 5× “Congress subsequently enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act; 9 U.S.C. §§ 401 , 402), which invalidates predispute arbitration agreements in certain circumstances.”
Delirium TV LLC v. Tran Dang (Tex. App. 2024). · cites it 5× “26 (2022) (codified at 9 U.S.C. §§ 401–02). 2 and named Delirium as the Program’s producer.”
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— 9 U.S.C. § 401(1) — 1 case
Barnes v. Festival Fun Parks, LLC (W.D. Pa. 2023).
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