Ex-Partner’s Lawsuit Will Move Forward Under New York Law Ending Forced Arbitration of Sexual Harassment Claims
After alleged sexual harassment and retaliatory firing, former Thompson Hine partner filed a lawsuit against the firm. The firm tried force arbitration to resolve the matter, but the plaintiff’s claims stand, and are moving forward, under a New York law ending forced arbitration of sexual harassment claims.
A former partner at a national law firm received the green light from a federal judge for her harassment lawsuit against the company. She alleges that the firm condoned a so-called “toxic boys club” and endured sexual harassment and unfair treatment after reporting the transgressions, which culminated in her retaliatory firing in April 2022.
The plaintiff sued her former law firm Thompson Hine LLP, along with three partners, in February 2024, claiming she was sexually harassed by a senior partner. Her claims included sexual harassment, gender discrimination, retaliation, and other claims; in particular, claims of sexual harassment in violation of New York state's Human Rights Law; sexual harassment, hostile work environment and discrimination in violation of the New York City Human Rights Law; and retaliation in violation of both laws.
After Thompson Hine moved to dismiss her claims—arguing that she must engage in arbitration per a mandatory provision in her employment agreement—New York District Judge Andrew L. Carter Jr. ruled that she did not have to. A New York law known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFASASHA), invalidated the arbitration agreement and enabled her claims to survive. She may not continue with the bulk of her harassment claims.
For too long, many survivors like this ex-partner plaintiff had to resolve their claims of sexual harassment behind closed doors, away from the public eye and further exposure and scrutiny of their perpetrator. EFASASHA has opened that door for many survivors and given a chance to have their voices heard in a court of law.
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