On July 7, 2025, NWLC, Public Justice, American Association for Justice, and the National Employment Lawyers Association filed an amicus brief in the Second Circuit Court of Appeals in Diaz-Roa v. Hermes Law, P.C. The brief argues that the Second 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, Silvia Diaz-Roa, to bring her entire case in court because it includes sex harassment claims.

As the brief describes, Congress passed the EFAA in 2022 to provide survivors of sexual assault and sex-based harassment with the right to seek justice in court instead of being forced into arbitration proceedings. The brief argues that the EFAA’s plain text and its legislative history both confirm that the EFAA invalidates arbitration agreements as to entire cases that contain a sex harassment claim, not just the harassment claim itself. The brief also explains that keeping entire cases together protects survivors, promotes efficiency, and accords with the realities of how survivors experience assault and harassment. Thus, the brief argues, the district court was correct to permit Ms. Diaz-Roa’s entire case to proceed in court. Read the full brief here.