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Your Right to Choose Court Over Arbitration for Harassment Claims Key Takeaways: In most cases, your employer generally cannot force a sexual harassment claim into arbitration if the dispute arose or accrued on or after March 3, 2022, because the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) generally lets the survivor choose between court and arbitration, even under an agreement signed years ago. A judge, not an arbitrator, generally decides whether the EFAA applies, and

Does California Law Protect You From a Former Employer’s Retaliation? Key Takeaways: Yes, a former employer can often be held liable for retaliating against you after you leave. FEHA protects "any person" who engaged in protected activity, and the California Labor Code and federal law have also been applied to former employees. Post-employment retaliation can include false references, blacklisting, threats, refusing to rehire, or severance terms that try to silence you about unlawful workplace conduct. Under Government Code § 12964.5,

What Does It Mean When an Employer’s Reason for Firing You Is a Pretext? Key Takeaways: A pretext is a false or misleading reason an employer gives to hide an unlawful motive for firing someone, such as discrimination or retaliation. California courts usually analyze these claims under FEHA with a three-step burden-shifting framework, and many cases turn on the final step, where the employee generally must show the stated reason doesn’t hold up or that an unlawful motive was a