On January 20, 2026, NWLC, Metropolitan Washington Employment Lawyers Association, National Employment Lawyers Association, American Association for Justice, and Public Justice filed an amicus brief in the Fourth Circuit Court of Appeals in Holsten v. Barclays Services LLC. The brief argues that the Fourth 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 plaintiff, Aloma Holsten, to bring her entire case in court because it includes sex-based harassment and retaliation claims.
As the brief notes, Congress passed the EFAA in 2022 to ensure that survivors of sexual assault and sex-based harassment could seek justice in court rather than be forced into arbitration proceedings. The brief argues that the EFAA’s plain text, legislative history, and case law all confirm that, under the EFAA, plaintiffs can invalidate arbitration agreements if sex-based harassment has occurred, even if this harassment is not sexual in nature. The EFAA’s intentionally expansive definition of sex-based harassment protects survivors, promotes efficiency, and accords with the realities of how survivors experience workplace harassment. Moreover, the brief notes, the EFAA’s plain language and legislative history also demonstrate that its application depends merely on the allegations in the complaint and not a higher plausibility standard. Thus, the brief argues that the district court was correct to permit Ms. Holsten’s entire case to proceed in court. Read the full brief here.