Attempted End Run of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Law Fails

Kristin Casey filed a lawsuit against her former employer D.R. Horton and one employee alleging, inter alia, sexual harassment.

Horton and the employee filed a motion to compel arbitration arguing the arbitration agreement Casey signed with Horton specified California law applies and therefore the matter was governed by California law, not federal law so the Ending Forced Arbitration of Sexual Assault and Sexual Harassment was not applicable.

  While the trial court ordered arbitration, the court of appeals reversed holding this federal law preempts state law relating to sexual harassment matters.

Casey v Superior Court of Contra Costa County, No. A170650 (Cal. Ct. App. Feb. 3, 2025).