BSF attorneys Melissa Zonne and Mariah Noah argued on behalf of Ding Ding, Ph.D. against Structure Therapeutics Inc.’s appeal of a district court order denying the company’s motion to compel.
BSF argued that although Ding’s case does not involve sexual misconduct or assault, it does involve the type of sex-based harassment constituting “sexual harassment” under well settled California, New York, and Federal law — and explicitly contemplated by Congress in adopting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a #MeToo-inspired law under which workers can void otherwise valid arbitration agreements in cases involving sexual harassment. Ding alleges she experienced discrimination, harassment, and retaliation while serving as Structure’s chief financial officer; and she was fired in 2022 after facing gendered criticism and harassment from her boss after she was the victim of domestic violence. BSF argued that Ding did not learn that the harassment she experienced was motivated by sexist beliefs until defendants produced additional discovery after Dr. Ding had withdrawn from an arbitration of related non-sexual harassment claims.
Several media outlets reported on the arguments, quoting Melissa and Mariah. Please see links below.
LAW.COM: In Gender Bias Appeal, 9th Circuit Eyes Viability of Compulsory Arbitration Under Statutes
BLOOMBERG LAW: Ninth Circuit Probes Drug Firm CFO’s Need to Arbitrate Bias Suit
LAW360: 9th Circ. Mulls Pharma Exec's Use Of Forced Arbitration Law