Salas

DISCUSSION

I. Standard of Review

“Where, as is the case here, ‘ “the trial court’s denial of a petition to arbitrate presents a pure question of law, we review the

3 order de novo.” ’ ” (Liu v. Miniso Depot CA, Inc. (2024) 105 Cal.App.5th 791, 800 (Liu).)

II. The EFAA

In 2022, Congress amended the FAA by passing the EFAA. The EFAA was enacted following “concerns that compelled arbitration of sexual harassment claims can perpetuate unacceptable behavior and minimize its consequences by diverting such claims from public court proceedings into a private forum.” (Liu, supra, 105 Cal.App.5th at p. 795.) The EFAA precludes enforcement of an agreement to arbitrate at the plaintiff’s election with respect to a case relating to conduct constituting a sexual assault dispute or sexual harassment dispute. (9 U.S.C. § 402(a).)1 The EFAA also provides that “[a]n issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law.” (Id., § 402(b).) The EFAA defines the term “sexual harassment dispute” as “a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.” (9 U.S.C. §…