Salesforce Employee Must Arbitrate Gender-Based Discrimination Claims

A former Salesforce account executive is required to arbitrate her claims of gender-based discrimination against the company, according to a recent court ruling. The U.S. magistrate judge for the Southern District of New York determined that the plaintiff did not plausibly allege a sexual harassment charge that would invoke the Ending Forced Arbitration for Sexual Assault and Sexual Harassment Act (EFAA). This law, signed into effect in March 2022, prohibits employers from requiring arbitration in cases involving sexual assault or harassment allegations.

The plaintiff brought her lawsuit under various laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. However, the court evaluated her case under the New York City Human Rights Law (NYCHRL), which both parties agreed provided the most lenient and expansive definition of sexual harassment.

The court ultimately ruled that the plaintiff's claims did not meet the criteria for EFAA protection, as they were not lewd or romantic in nature. This decision has significant implications for employees seeking to bring forth claims under this law, particularly in light of a recent precedent set by an Oregon federal district court judge.