"Ali said Rix doesn't have to arbitrate her sex harassment claims because of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which bans enforcement of agreements to arbitrate future claims involving sexual assault and harassment. He also said Rix plausibly alleged sexual harassment under the D.C. Human Rights Act and infliction of emotional distress under D.C. common law."
"Rix's suit had identified the harassing partners as Dov Scherzer and Gabriel Dabiri. They are no longer with Polsinelli, according to Law.com. Rix had alleged in her suit that she was "repeatedly hounded" by the two partners who wanted her to join them for after-hours drinks and hotel meetings. She was also forced "to endure salacious comments about her appearance" and subjected to an unwanted kiss in "one sordid episode" involving Scherzer, the suit alleged."
"Rix said she was fired two days after reporting misconduct. The law firm said Rix was fired for "lackluster performance." Scherzer had sought to dismiss the sexual harassment claim under the D.C. human rights law. Scherzer's motion to dismiss said most of the incidents alleged by Rix "were not even in person," and "none were profane or threatening," Law.com reports."
A federal judge in Washington, D.C., refused to dismiss or compel arbitration in a $20 million lawsuit alleging that Polsinelli retaliated against an international corporate attorney after she reported sexual harassment by two partners. The judge found the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act bars enforcement of arbitration agreements for those claims and concluded the plaintiff plausibly alleged violations of the D.C. Human Rights Act and intentional infliction of emotional distress under D.C. common law. The complaint names Dov Scherzer and Gabriel Dabiri and describes repeated unwanted advances, salacious comments, an unwanted kiss, and termination two days after reporting.
Read at ABA Journal
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