“[F]or strategic purposes,” Andrew Chin omitted a sexual harassment claim from his initial complaint against his former employer, DoorDash, according to court records from Chin v. DoorDash, Inc., 123 Cal. App. 5th 1050.
The California Court of Appeal ruled on November 13, 2026, that an employee waives protections under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 when strategically withholding a harassment claim during initial arbitration proceedings.
- Andrew Chin filed employment-related claims against DoorDash but deliberately left out sex-based harassment.
- When the company moved to compel arbitration in March 2024, Chin opposed it on separate grounds without invoking the EFAA.
- The appellate court reversed a lower court decision, ruling that statutory protections under the EFAA can be waived by clear and convincing evidence.
When DoorDash moved to compel arbitration in March 2024, Chin opposed the motion on other grounds. He neither mentioned a sex-based harassment claim nor invoked the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.
After the trial court compelled arbitration, Chin alleged the harassment claim in the arbitration proceedings. Nearly a year later, he filed a second civil lawsuit and persuaded the trial court to invalidate the arbitration agreement as to all claims under the EFAA.
The Court of Appeal reversed that ruling, holding that the EFAA applies only at the election of the person alleging sexual harassment. Like other statutory rights, its protections may be waived through conduct.
The court found that Chin’s deliberate failure to allege the sexual harassment claim initially and his failure to timely invoke the EFAA established waiver by clear and convincing evidence.
In dissent, Justice Wiley characterized Chin’s conduct as “more like a blunder” than a waiver, according to JD Supra.
| Case Milestone | Timeline | Legal Action |
|---|---|---|
| Initial Motion | March 2024 | DoorDash moves to compel arbitration |
| First Opposition | 2024 | Chin opposes arbitration without citing EFAA |
| Appellate Decision | November 2026 | Court of Appeal reverses trial court invalidation |
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