When you experience sexual harassment in the workplace, the last thing you want is to be forced into a private arbitration process that favors your employer. Thanks to a recent California Court of Appeal decision in Casey v. Superior Court, workers now have stronger legal protections against being silenced through forced arbitration. At Guerra & Casillas LLP, we are committed to ensuring that no one facing workplace harassment is denied their right to seek justice in court.
What Is the Casey v. Superior Court Case About?
Kristin Casey, a former employee of D.R. Horton, Inc., filed a lawsuit against the company and one of its employees, Kris Hansen, alleging sexual harassment and other claims. D.R. Horton attempted to push the case into arbitration, relying on a clause in Casey’s employment agreement. However, Casey challenged this move under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA)—a federal law allowing plaintiffs to avoid arbitration in cases involving sexual harassment.
Initially, the Contra Costa County Superior Court sided with D.R. Horton, arguing that the employment agreement’s choice-of-law provision made the EFAA irrelevant. But Casey fought back, filing a petition for a writ of mandate to overturn the decision.
The California Court of Appeal, First Appellate District, Division One, delivered a powerful ruling in Casey’s favor—declaring that the EFAA preempts state law and that employers cannot force arbitration on employees in sexual harassment disputes. This decision is a major victory for workers everywhere, reinforcing that your right to pursue justice in court cannot be signed away.
Why This Case Matters to You
If you’re a worker facing harassment, here’s why Casey v. Superior Court is so important:
✅ You Can Challenge Forced Arbitration: Employers can no longer hide behind arbitration clauses in cases involving sexual harassment. The EFAA gives you the right to take your case to court.
✅ Federal Law Overrides State Loopholes: Even if your employer tries to enforce a state law provision, the EFAA takes priority and protects your right to a public legal process.
✅ Precedent for Future Cases: This ruling sets a powerful precedent, ensuring that companies cannot use legal technicalities to escape accountability for workplace harassment.
If your employer is trying to force you into arbitration after you’ve faced harassment—know that you have options. The law is on your side.
How Guerra & Casillas LLP Fights for You
At Guerra & Casillas LLP, we understand how intimidating it can feel to stand up against an employer—especially after experiencing workplace harassment. Our legal team is here to protect your rights and help you push back against illegal arbitration tactics.
If you or someone you know is being pressured into arbitration for a sexual harassment claim, we will fight to uphold your rights under the EFAA. You deserve justice—and we’re here to help you get it.
📞 Contact Guerra & Casillas LLP today for a confidential consultation and let us fight for you.
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