Civil Law

All or Nothing? Second Circuit Clarifies Scope of Sexual Harassment Arbitration Law (US)

A recent decision by the United States Court of Appeals for the Second Circuit clarified the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), with significant implications for employers in New York, Connecticut, and Vermont seeking to enforce arbitration agreements.

On September 30, 2026, in Diaz-Roa v. Hermes Law, P.C.,[i], the Second Circuit held that when an employee properly invokes the EFAA, a pre-dispute arbitration agreement is unenforceable as to the entire lawsuit, … Read the rest

Civil Law

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 2)

In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’ harassment, investigation scoping and legal privilege).

#4 – Who should be part of the investigation team?

The composition of the investigation team can significantly impact the effectiveness and credibility of the investigation.

In Australia, some states restrict who can conduct investigations. Subject to this … Read the rest

Civil Law

Upcoming webinar: Managing cross border sexual harassment investigations in Australia and Asia

Conducting workplace investigations into sexual harassment claims is challenging, and especially so across borders. Multinational organisations that implement robust, cross border investigation procedures can significantly lower their risk of facing disputes and legal actions.

In this webinar, Seyfarth partners will explore managing sexual harassment claims in the Asia Pacific region, where diverse legal landscapes and cultural norms further complicate cross border investigations. Topics include:

  1. Regional nuances: Key similarities, differences, and risks in jurisdictions such as Australia, Hong Kong, Singapore, and
… Read the rest