On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit ruled in Bruce v. Adams and Reese, LLP that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of them is for sexual assault and/or sexual harassment. Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), mandatory pre-dispute arbitration agreements are invalid with respect to sexual assault or sexual harassment disputes.
