The Appellate Division has reversed the dismissal and compelled arbitration in Co-Managing Partner Christian V. McOmber, Partner Peter D. Valenzano, and Associate Anna F. Esposito’s gender-discrimination and sexual harassment case, delivering a decisive victory for employees’ rights. The Court held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed into law by President Joe Biden in March 2022, renders pre-dispute arbitration agreements unenforceable as to all claims in a multi-claim action once a viable sexual-harassment claim is alleged. By rejecting efforts to fragment claims and force survivors into private arbitration, the decision powerfully affirms that victims of sexual harassment and gender discrimination are entitled to have their cases heard openly in court, marking a significant advancement in workplace justice.
