On February 24, 2026, NWLC, Public Justice, American Association for Justice, and the National Employment Lawyers Association filed an amicus brief in the Ninth Circuit Court of Appeals in Holland-Thielen v. SpaceX. The brief argues that the Ninth Circuit should affirm the district court’s ruling that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) permits the plaintiffs—eight former engineers at SpaceX who were fired after speaking up about the environment of sexual harassment they experienced at the company —to bring their entire case in court because it includes sex-based harassment and retaliation claims.
As the brief explains, Congress passed the EFAA in 2022 to ensure that survivors of sexual assault and sex-based harassment could seek justice in court instead of being forced into arbitration proceedings. The brief argues that the plaintiffs’ claims of retaliation for reporting sexual harassment constitute a sexual harassment dispute within the meaning of the EFAA. It also argues that the EFAA’s plain text, legislative history, and case law all confirm that plaintiffs can invalidate arbitration agreements if they allege conduct that would constitute sexual harassment under applicable law, even if the conduct is not “sexual in nature” or motivated by desire. Finally, a plaintiff’s invalidation of an arbitration agreement under the EFAA applies to the entire case that contains a sexual harassment dispute, not just the sexual harassment dispute itself. Thus, the brief argues, the district court was correct to permit the plaintiffs’ entire case to proceed in court. Read the full brief here.