Cornelius v. CVS

Third Circuit Court of Appeals

Issue on Appeal:  Whether a district court properly compelled to arbitration a case where the plaintiff attempted to invoke the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) by labeling a Title VII cause of action “hostile work environment” but did not plead sufficient facts to state a sexual harassment claim.

RLC’s Position:  The narrow exception to the Federal Arbitration Act that Congress passed in EFASASHA is limited to cases stating a claim under the Rule 12(b)(6) standard for sexual harassment as intended in the Act. Attempts to keep cases out of arbitration by mere labeling of claims is not consistent with the FAA or EFASASHA and should be rejected.

Other Amici: United States Chamber of Commerce

Counsel: Micheal Kenneally at Morgan Lewis 


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