On August 2, 2024, the Superior Court for the County of Alameda denied Defendant NOR CAL CARPENTER UNION’S Motion to Compel Arbitration in a case that involves allegations of sexual harassment, failure to prevent and failure to investigate sexual harassment, and retaliation for reporting/resisting sexual harassment.
A copy of the Court’s ruling can be found by clicking here.
Also, a copy of the Amended Complaint can be found by clicking here.
The lawsuit alleges that our client was forced to suffer ongoing sexual harassment, threats of violence, and ethnic discrimination, and Defendant NOR CAL CARPENTER UNION refused to undertake reasonable efforts to investigate, correct, and prevent such violations.
The lawsuit further alleges that our client was forced to suffer retaliation for refusing to drive an unsafe vehicle that was illegal to drive, and he was terminated unlawfully.
Because the lawsuit involves allegations of ongoing sexual harassment and refusal to undertake reasonable efforts to investigate, correct, and prevent such violations, Judge Whitman of the County of Alameda Superior Court agreed with our client that the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) prohibits compelling the entire case into private arbitration.
To be clear, it is widely known that private forced arbitration is often biased and unfair against workers and consumers. The cards are routinely stacked in favor of corporate defendants in private arbitration, at least in part based on the financial bias of arbitrators wanting to protect their “gravy train” of corporations and corporate attorneys bringing them more cases.
We are proud to have prevailed on this issue in defeating Defendant NOR CAL CARPENTER UNION’S motion to compel arbitration in our never-ending pursuit of justice on behalf of workers and consumers alike.