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

9 U.S.C. § 402

No validity or enforceability

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(a)In General.—Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.(b)Determination of Applicability.—An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.(Added Pub. L. 117–90, § 2(a), Mar. 3, 2022, 136 Stat. 27.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable with respect to any dispute or claim that arises or accrues on or after Mar. 3, 2022, see section 3 of Pub. L. 117–90, set out as a note under section 401 of this title.

Notes of Decisions
Cited in 146 cases (146 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 4× “9 U.S.C. § 402 (a). On appeal, the parties do not dispute the applicability of EFAA to Memmer’s case, which includes allegations of sexual harassment.”
Olivieri v. Stifel, Nicolaus & Co., Inc., 112 F.4th 74 (2d Cir. 2024). · cites it 2× “9 U.S.C. § 402 (a). A “predispute arbitration agreement” is “any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.”
Michele Cornelius v. CVS Pharmacy Inc, 133 F.4th 240 (3rd Cir. 2025). “9 U.S.C. § 402 (b) (“The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator[.”
Eniola Famuyide v. Chipotle Mexican Grill, Inc., 111 F.4th 895 (8th Cir. 2024). “26 , 27 (codified at 9 U.S.C. § 402 (a)). The Act states that it “shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.”
Janice L. Ruiz v. Butts Foods, L.P. (Tenn. Ct. App. 2025). · cites it 10× “9 U.S.C. § 402 (a).1 However, the Act applies “with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act [March 3, 2022].”
Cardenas v. F.D. Thomas, Inc. (E.D. Cal. 2025). · cites it 8× “9 U.S.C. § 402 (a). The EFAA modifies 7 the FAA as follows: 8 Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual harassment dispute 9 or sexual assault dispute, or the named representative of a class or in a…”
SJ Med. Ctr., LLC D/B/A St. Joseph Med. Ctr. v. Olanma Destiny Anozie (Tex. App. 2024). · cites it 7× “See 9 U.S.C. § 402 (a). The trial court denied St.”
Van Muers-Bradley v. AutoNation CA3 (Cal. Ct. App. 2025). · cites it 7× “( 9 U.S.C. § 402 .)” 3 DISCUSSION I Standard of Review We review an order regarding an arbitration agreement’s validity de novo if the evidence is not in conflict and the ruling is based entirely on an interpretation of law.”
Jane Doe (J.K.) v. Celebrity Cruises, Inc. (S.D. Fla. 2025). · cites it 7× “” 9 U.S.C. § 402 (a); see also Diaz-Roa v. Hermes Law, P.”
Ramirez v. Law Offices of Adam Zolonz CA2/4 (Cal. Ct. App. 2025). · cites it 7× “” ( 9 U.S.C. § 402 (a).)1 Defendants noted that under the EFAA, “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.”
Byron Johnson v. Kaija Freborg, A21-1531, Supreme Court, September 20, 2023 (Minn. 2023). · cites it 6× “27 (2022) (amended the Federal Arbitration Act, 9 U.S.C. § 402, to make any “predispute arbitration agreement or predispute joint-action waiver” for sexual harassment claims unenforceable); Speak Out Act, 42 U.”
Doe v. Second Street Corp. (Cal. Ct. App. 2024). · cites it 6× “” ( 9 U.S.C. § 402 (a).) A “sexual harassment dispute” is “a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.”
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— 9 U.S.C. § 402(a) — 2 cases
Barnes v. Festival Fun Parks, LLC (W.D. Pa. 2023).
Ding, Ph.D. v. Structure Therapeutics, Inc. (N.D. Cal. 2024).
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