In Ruiz v. Butts Foods, LP, and Quirch Foods, LLC (Tenn. Ct. App., No. 81762, 4/14/25), the plaintiff asserted claims against the joint employers for sexual harassment and retaliation, as well as tort claims for battery, intentional and negligent infliction of emotional distress due to the harassment negligence, gross negligence, as well as negligent supervision and training. The employers filed a motion to compel arbitration based on a pre-employment arbitration agreement, and the plaintiff asserted the agreement was unenforceable based on the federal Ending Forced Arbitration of Sexual Harassment Claims Act of 2021 (“the Act”). The Court of Appeals affirmed the trial court’s denial of the motion to compel, finding all the claims intertwined with the sexual harassment claim. Thus, the arbitration agreement was unenforceable with respect to the entire “case”, as defined by the Act. (The case provides an excellent multi-jurisdictional analysis of cases under the relatively new Act).
Tennessee Court of Appeals Speaks on Act Ending Forced Arbitration of Sexual Harassment Claims
