UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

The new law, heralded as “one of the most significant workplace reforms in the last 50 years,” ensures that survivors of sexual assault or sexual harassment have access to their choice of forum for seeking justice, and that employers and other businesses cannot continue to sweep sexual misconduct under the rug.2 Now that this historic law has been enacted, the meaning of its text is being addresse. [...] First, the text of the Act makes clear that the determination of whether there is a “sexual harassment dispute” is based solely on the four corners of the complaint, and not on any extrinsic evidence or affirmative defenses that Defendants may raise. [...] Whether EFASASHA Applies Is Determined from the Face of the Complaint The plain language and legislative history of the Act demonstrate that Congress intended the application of EFASASHA to be based solely on the allegations in the complaint. [...] Defining “sexual harassment dispute” to include claims like retaliation that are related to allegations of sexual harassment also advances one of the primary purposes of the Act, which is to prevent the silencing of people who speak up about sexual harassment, including assault, and ensure that perpetrators and the corporations who have hidden and enabled sexual misconduct are held accountable for. [...] The lead sponsor of the bill, Senator Ernst, even spoke to those differences for the record, highlighting the known effect of the language in the bills.