On January 20, 2026, NELA joined the Metropolitan Washington Employment Lawyers Association, the National Women’s Law Center, Public Justice, and the American Association for Justice as amicus curiae in the 4th Circuit case Holsten v. Barclays Services, LLC. This brief is the latest in a series filed by our coalition to ensure circuits are interpreting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) in a broad and uniform manner, ensuring that survivors of workplace sexual harassment and assault can seek vindication in the courts. Aloma Holsten filed suit on several claims against Barclays after experiencing sex-based harassment in the workplace. The district court found, with the Fourth Circuit affirming, that Ms. Holsten’s entire case, not merely the harassment claim, would be exempt from arbitration under the EFAA. Our brief supports that conclusion.

As the brief demonstrates, Congress enacted the EFAA in 2022 to ensure that survivors of sexual assault and sex-based harassment could seek justice in court rather than be forced into arbitration proceedings. The brief argues that the EFAA’s plain text, legislative history, and case law all confirm that, under the EFAA, plaintiffs can invalidate arbitration agreements if sex-based harassment has occurred, even if this harassment is not sexual in nature. The EFAA’s intentionally expansive definition of sex-based harassment protects survivors, promotes efficiency, and accords with the realities of how survivors experience workplace harassment.

NELA is grateful to MWELA and lead drafter John R. Ates (Ates Law Firm PC, VA) and our entire coalition for their hard work on the brief.