Randi Marie Bruce v. Adams and Reese, Llp

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0054p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
RANDI MARIE BRUCE,
Plaintiff-Appellee,
v.
ADAMS AND REESE, LLP,
Defendant-Appellant.
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No. 25-5210
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:24-cv-00875—Aleta Arthur Trauger, District Judge.
Argued: December 11, 2025
Decided and Filed: February 25, 2026
Before: MOORE, THAPAR, and RITZ, Circuit Judges.
_________________
COUNSEL
ARGUED: Aaron G. McLeod, ADAMS AND REESE LLP, Birmingham, Alabama, for
Appellant. David Weatherman, THE WEATHERMAN FIRM, PLLC, Franklin, Tennessee, for
Appellee. ON BRIEF: Aaron G. McLeod, Brent E. Siler, ADAMS AND REESE LLP,
Birmingham, Alabama, for Appellant. David Weatherman, THE WEATHERMAN FIRM,
PLLC, Franklin, Tennessee, for Appellee.
MOORE, J., delivered the opinion of the court in which RITZ, J., concurred. THAPAR,
J. (pp. 22–25), delivered a separate dissenting opinion.
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_________________
OPINION
_________________
KAREN NELSON MOORE, Circuit Judge. This appeal requires us to answer two
questions. The first is one familiar to the federal courts: Does Randi Marie Bruce’s complaint
contain sufficient factual material to state a claim—in this case, a workplace sexual-harassment
claim—upon which relief can be granted? The second is an issue of first impression in this
court: Does the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of
2021 (“EFAA”) bar arbitration of each of Bruce’s claims against Adams and Reese, LLP
(“A&R”), her former employer, or does it apply only to her sexual-harassment claim? Because
Bruce has met Rule 8’s pleading standard as to her sexual-harassment claim, and the EFAA bars
arbitration of Bruce’s entire case, we affirm the district court’s decision.
I. BACKGROUND
A. Statutory Background
The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), provides that any agreement to
arbitrate “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or
in equity for the revocation of any contract or as otherwise provided in chapter 4.” Id. § 2. The
FAA’s text “reflects the overarching principle that arbitration is a matter of contract,” and
“courts must ‘rigorously enforce’ arbitration agreements according to their terms.” Am. Exp. Co.
v. Italian Colors Rest., 570 U.S. 228, 233 (2013) (quoting Dean Witter Reynolds Inc. v. Byrd,
470 U.S. 213, 221 (1985)). Accordingly, a defendant may move the court in which it is sued to
compel arbitration in accordance with a valid arbitration agreement. Bazemore v. Papa John’s
U.S.A., Inc., 74 F.4th 795, 797–98 (6th Cir. 2023).
The EFAA, Pub. L. No. 117-90, 136 Stat. 26, codified at 9 U.S.C. §§ 401–02, comprises
the “chapter 4” referenced in § 2 of the FAA. It therefore presents an exception to the FAA’s
rule that arbitration agreements must be enforced according to their terms. Section 401 of the
EFAA defines relevant terms, including “sexual harassment dispute,” which “means a dispute
relating to conduct that is alleged to constitute sexual harassment under applicable Federal,

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Tribal, or State law.” 9 U.S.C. § 401(4). Section 402(a), in turn, provides that “at the election of
the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute . . .
no predispute arbitration agreement . . . shall be valid or enforceable with respect to a case which
is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual
harassment dispute.” Section 402(b) then states that federal law governs the EFAA’s
applicability to a suit, and that applicability “shall be determined by a court, rather than an
arbitrator.”
B. Procedural Background
Because this case arises in a motion-to-dismiss posture, we recite the facts as alleged in
Bruce’s operative complaint. Sturgill v. Am. Red Cross, 114 F.4th 803, 806 (6th Cir. 2024).
Bruce’s career, as relevant here, began in 2019 when she was hired by the law firm Waller
Lansden Dortch & Davis LLP (“Waller”) as a legal assistant in the firm’s Liquor Group. R. 18
(Am. Compl. ¶¶ 22–23) (Page ID #498–99). Prior to joining Waller, Bruce, who suffered from a
history of childhood abuse, was diagnosed with post traumatic stress disorder, attention deficit
hyperactivity disorder, social phobia, persistent depressive disorder, sleep apnea, insomnia,
periodic limb movement disorder, and restless leg syndrome. Id. ¶¶ 15–18 (Page ID #498).
Bruce’s interactions with Rob Pinson, whose behavior is the basis of her sexual-
harassment claim against A&R, began when she joined Waller, where he was an attorney in the
Liquor Group. Id. ¶¶ 23–25 (Page ID #499). While Bruce was employed at Waller, Pinson
made repeated overtures to her, requesting she join him for social outings such as concerts or
drinks. Id. ¶¶ 288–331 (Page ID #525–30). He was often overbearing, and Bruce had to reject
him multiple times before he would relent. Id. ¶¶ 296, 300, 303 (Page ID #526–27). During her
time at Waller, Bruce was accepted to the Nashville School of Law. Id. ¶ 309 (Page ID #528).
When she texted Pinson to let him know, he replied by saying that “All those handjobs [he] gave
really paid off!” and joking about how much his wrist hurt. Id. (alteration in original). Bruce
was temporarily laid off from Waller during the COVID-19 pandemic and rejoined the firm in
April 2021. Id. ¶ 310–12 (Page ID #528). After her return, Pinson continued to ask her out and
even interrupted her at a restaurant during a date with someone else. Id. ¶¶ 313–16 (Page ID
#528–29).

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In March 2022, Waller promoted Bruce to the role of paralegal in the Liquor Group. Id.
¶ 31 (Page ID #499). That May, the Liquor Group, including Bruce and Pinson, switched firms
and joined A&R. Id. ¶ 22 (Page ID #498–99). Prior to the transfer, Brooke Ponder, A&R’s
office manager, interviewed Bruce with Pinson present. Id. ¶¶ 43–44 (Page ID #500–01).
After the Liquor Group joined A&R, Pinson was not regularly in the office, but he
“continued sexually harassing Ms. Bruce when he was in the office,” “making sexual comments
and jokes to and about Ms. Bruce, as well as making inappropriate comments about Ms. Bruce’s
appearance, clothing, and private life.” Id. ¶¶ 334–35 (Page ID #530). This included
“inappropriate comments related to [Bruce’s December 2022] engagement and [her]
relationship” with her fiancé. Id. ¶ 357 (Page ID #532). Due to Pinson’s continued sexualized
comments and how “uncomfortable” they made her, Bruce “went out of her way to avoid him”
where possible. Id. ¶ 336 (Page ID #530–31). Pinson’s comments and jokes occurred in “work-
related conversations” with Bruce, and “in team meetings at Adams and Reese.” Id. ¶¶ 358–59
(Page ID #532). They included:
● Repeatedly suggesting “[l]et’s have Randi go down there in a short skirt.” Id.
¶ 360 (Page ID #532).
● Repeatedly saying “Hoe no” instead of “Oh no” when talking to Bruce. Id.
¶ 361 (Page ID #533).
● Commenting about “how ‘hot’ it would be to see Ms. Bruce and another
paralegal engaging in sexual acts on his desk.” Id. ¶ 362 (Page ID #533).
Bruce’s complaint also includes two Americans with Disabilities Act (“ADA”) claims
(Counts 1 and 2), which focus on A&R’s failure to accommodate (or engage in an interactive
process regarding) her need to take sedatives to sleep, which made it difficult for her to wake up
or arrive at the office in a timely manner. Id. ¶¶ 363–82 (Page ID #533–34). At Waller, Bruce’s
schedule “allow[ed] her the flexibility of what time she clocked in and out.” Id. ¶ 41 (Page ID
#500). She continued on a flexible schedule when she joined A&R in May 2022, but by October
she was told her communication was inadequate, and she was placed on a fixed schedule. Id.
¶¶ 55–56 (Page ID #501–02). That worked for a while, but things changed for the worse in
March 2023 when Bruce began experiencing a delayed response to her sedative and frequently
arrived late. Id. ¶¶ 62–63 (Page ID #502). This culminated in a meeting with Ponder, Pinson,

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and another attorney, during which Ponder told Bruce she could be terminated if she arrived late
again and asked Bruce to sign a memo agreeing that her behavior violated a November 2022
“corrective action plan.” Id. ¶¶ 65, 73–75 (Page ID #502–03). The meeting gave Bruce a panic
attack and severe anxiety. Id. ¶¶ 82–83 (Page ID #504). From there, Bruce filed a report with
human resources, id. ¶¶ 139–49 (Page ID #509–10), and HR requested extensive information
from Bruce’s physician, id. ¶¶ 195–202 (Page ID #514–16). Bruce attempted to change her
sedative medication, but the new one was ineffective. Id. ¶¶ 221–23 (Page ID #519). After a
couple more late arrivals, Ponder again informed Bruce she was in violation of A&R’s policy.
Id. ¶¶ 247–48 (Page ID #522). On May 11, 2023, Bruce, then in in the middle of efforts to work
with her doctor to communicate with A&R, arrived late again and was terminated. Id. ¶¶ 256–72
(Page ID #523–24).
Bruce filed this suit a little over a year later. R. 1 (Compl.) (Page ID #1–44). After A&R
moved to dismiss Bruce’s sexual-harassment claim and to compel arbitration of her ADA claims,
Bruce filed her amended complaint. R. 13 (Mot. to Compel Arb.) (Page ID #79–81); R. 15 (Mot.
to Dismiss) (Page ID #287–89); R. 18 (Am. Compl.) (Page ID #496–539). A&R filed a second
motion to dismiss Bruce’s sexual-harassment claim and a supplemental memorandum in support
of its motion to compel arbitration. R. 21 (Second Mot. to Dismiss) (Page ID #544–47); R. 23
(Supp. Mem.) (Page ID #748–51). Several months later, the district court denied A&R’s
pending motions, finding that Bruce had adequately stated a claim for sexual harassment and that
the EFAA precluded arbitration of her entire case, including Bruce’s ADA claims. R. 29 (Mem.
Op.) (Page ID #776–802); R. 30 (Order) (Page ID #803). Invoking its right to interlocutory
review under the FAA, A&R appealed. R. 31 (Notice of Appeal) (Page ID #804–05).
II. JURISDICTION
“Although neither party has questioned our jurisdiction over this appeal, we have a duty
to assure ourselves of our jurisdiction in every case.” In re Salas, 160 F.4th 810, 813 (6th Cir.
2025). This case arrives to us in an interlocutory posture, with no final decision having been
entered, so 28 U.S.C. § 1291 cannot provide us with jurisdiction. Here, A&R has appealed the
district court’s order denying its motions to dismiss and to compel arbitration. R. 31 (Notice of
Appeal at 1) (Page ID #804). The FAA, however, allows for an appeal from “an order . . .

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denying an application [to compel arbitration].” 9 U.S.C. § 16(a)(1)(C). Although this
jurisdictional provision does not necessarily provide jurisdiction over “‘all aspects’ of [an] order
denying [a] motion to compel arbitration,” it does “allow[] us to review decisions that prevented
the district court from compelling arbitration.” Schnatter v. 247 Grp., LLC, 155 F.4th 543, 553
(6th Cir. 2025). The district court here found, and the parties agree, that “if the sexual
harassment claim is subject to dismissal under Rule 12(b)(6), the remaining claims under the
ADA will be subject to arbitration.” R. 29 (Mem. Op. at 2) (Page ID #777). That is, the finding
that Bruce stated a sexual-harassment claim was necessary to the district court’s denial of A&R’s
motion to compel. Because the district court’s ruling on A&R’s motion to dismiss Bruce’s
sexual-harassment claim “supplied the basis for the district court’s denying [the] motion to
compel arbitration,” we have “jurisdiction under § 16(a) to review [that] finding” as part of this
interlocutory appeal. Schnatter, 155 F.4th at 554.
III. ANALYSIS
A. Standard of Review
We review de novo a district court’s decision on a motion to compel arbitration under the
FAA. Memmer v. United Wholesale Mortg., LLC, 135 F.4th 398, 404 (6th Cir. 2025). And
because “the district court base[d] its denial of [the] motion to dismiss for failure to state a claim
purely on the legal sufficiency of the plaintiff’s case, we review the decision de novo.” Mich.
Bell Tel. Co. v. Climax Tel. Co., 202 F.3d 862, 865 (6th Cir. 2000) (italics omitted).
To grant a motion to compel arbitration under the FAA, a “district court must assure itself
that (1) the parties agreed to arbitrate; (2) the claims asserted fall within the scope of the
arbitration agreement; and (3) Congress did not intend for those claims to be non-arbitrable.”
Memmer, 135 F.4th at 404. Only the third prong of this test is at issue here. A&R included with
its motion to compel arbitration a declaration from its director of human resources, which in turn
attached a 2022 arbitration agreement between A&R and Bruce. R. 14-1 (Soileau Decl. ¶¶ 2–4)
(Page ID #100). That agreement provides in relevant part that “any and all claims, disputes or
controversies arising between [Bruce and A&R] . . . arising out of, in connection with, incidental
to, and/or directly resulting from [Bruce’s employment] . . . shall be decided by binding

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arbitration, which shall be the sole and exclusive procedure for resolution of any such dispute.”
Id., Ex. 1 (Page ID #102). Because the parties entered into this agreement and Bruce’s claims
arise out of and relate to her employment with A&R, the first two prongs of the test outlined in
Memmer are met. A&R’s motion to compel, therefore, presents only a question of law: whether
the arbitration agreement is unenforceable “as otherwise provided in [the EFAA].” 9 U.S.C. § 2.
“To survive a motion to dismiss, a complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim
has facial plausibility when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.” Id. Under this
standard, “a short and plain statement of the claim” sufficient to “give the defendant fair notice
of what the . . . claim is and the grounds on which it rests” is enough, and a complaint “does not
need detailed factual allegations.” Twombly, 550 U.S. at 555 (quoting and citing Conley v.
Gibson, 355 U.S. 41, 47 (1957)). We therefore “construe the complaint in the light most
favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in
favor of the plaintiff.” Watson Carpet & Floor Covering, Inc. v. Mohawk Indus., Inc., 648 F.3d
452, 456 (6th Cir. 2011) (quoting In re Travel Agent Comm’n Antitrust Litig., 583 F.3d 896, 903
(6th Cir. 2009)).
B. Motion to Dismiss
1.
We begin with an explanation of why A&R’s motion to dismiss and the standard under
Federal Rule of Civil Procedure 12(b)(6) are central to this appeal. To invoke the EFAA’s safe
harbor, a plaintiff must “allege[] conduct constituting a sexual harassment dispute,” 9 U.S.C.
§ 402(a), and a sexual harassment dispute is one “relating to conduct that is alleged to constitute
sexual harassment under applicable Federal, Tribal, or State law,” id. § 401(4). The EFAA,
however, does not itself define what it means for a plaintiff to “allege” such a dispute.
A&R argues (and the district court found) that the term “alleges” should be understood in
accordance with the plausibility pleading standard, as articulated in Twombly and Iqbal, which a

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plaintiff must meet to avoid dismissal of her claim on a Rule 12(b)(6) motion such as here.
D. 16 (Appellant’s Br. at 14–18); R. 29 (Mem. Op. at 2 & n.2 (Page ID #777)). This represents
the prevailing view of federal district courts that have analyzed the EFAA. See, e.g., Yost v.
Everyrealm, Inc., 657 F. Supp. 3d 563, 585 (S.D.N.Y. 2023) (“[T]he term ‘alleged’ as used in
§ 401(4) is best read to implicitly incorporate the plausibility standard.”); Smith v. Boehringer
Ingelheim Pharms., Inc., No. 3:24-cv-01266, 2025 WL 2403042, at *5–6 & n.13 (D. Conn. Aug.
19, 2025); Mangum v. Ross Dress for Less, Inc., 777 F. Supp. 3d 519, 528 (E.D.N.C. 2025). At
least one court, however, has parted ways with the analysis in Yost and required only “that the
conduct must be actually alleged and with sufficient specificity that the court is able to determine
the law that is applicable and that there is a real and nonfrivolous reason to believe that the
conduct violates that law against sexual harassment.” Diaz-Roa v. Hermes Law, P.C., 757 F.
Supp. 3d 498, 542 (S.D.N.Y. 2024) (applying the standard outlined in Bell v. Hood, 327 U.S. 678
(1946), for determining federal-court jurisdiction).
For two reasons, we leave for another day the question of whether the Yost standard
(federal pleading standard), the Diaz-Roa standard (Bell v. Hood’s jurisdictional standard), or
some other standard represents the correct interpretation of the EFAA. First, answering the
question is unnecessary to resolve this case because, as we hold below, Bruce’s sexual-
harassment claim passes the higher bar proposed by the Yost court and others. See Harris v. City
of Circleville, 583 F.3d 356, 365 (6th Cir. 2009) (declining to decide between legal standards
where plaintiff prevailed “under either standard”). Second, Bruce has never argued that any
lower standard applies. In her response to A&R’s motion to compel arbitration, she argued
simply that arbitration could not be compelled “[s]hould the [c]ourt deny Adams and Reese’s
motion to dismiss.” R. 25 (Resp. to Mot. to Compel at 3) (Page ID #761). Bruce adopted the
same approach on appeal and does not contest that the Rule 12(b)(6) pleading standard applies.
D. 16 (Appellee’s Br. at 8–15). Bruce has therefore forfeited any argument to the contrary. See
Swanigan v. FCA US LLC, 938 F.3d 779, 786 (6th Cir. 2019) (“As a general rule in this Circuit,
arguments raised for the first time on appeal are forfeited.” (quoting Kreipke v. Wayne State
Univ., 807 F.3d 768, 781 (6th Cir. 2015)).

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2.
We turn, then, to Bruce’s sexual-harassment claim, which she frames as a hostile-work-
environment claim under Title VII. To prove her hostile-work-environment claim, Bruce must
ultimately “show that: (1) she was a member of a protected class; (2) she was subjected to
unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the
charged sexual harassment created a hostile work environment; and (5) the employer is liable.”
Randolph v. Ohio Dep’t of Youth Servs., 453 F.3d 724, 733 (6th Cir. 2006). That is, those are the
five elements of proof that comprise a plaintiff’s prima facie case under the McDonnell Douglas
burden-shifting framework, which applies at summary judgment. Clay v. United Parcel Serv.,
Inc., 501 F.3d 695, 706 (6th Cir. 2007). After Bruce has had the opportunity to conduct
discovery, therefore, she must identify facts in the record supporting each of the five elements.
We do not, however, apply the McDonnell Douglas burden-shifting standard when, as here, we
consider allegations of harassment at the pleading stage. Keys v. Humana, Inc., 684 F.3d 605,
609 (6th Cir. 2012) (“[T]he prima facie case under McDonnell Douglas is an evidentiary
standard, not a pleading requirement.” (citing Swierkiewicz v. Sorema, 534 U.S. 506, 510
(2002))). For our purposes the question is simply whether Bruce’s complaint “allege[s]
sufficient ‘factual content’ from which a court, informed by its ‘judicial experience and common
sense,’ could ‘draw the reasonable inference’” that Bruce was subjected to a hostile work
environment. Id. at 610 (quoting Iqbal, 556 U.S. at 678, 679).
A hostile work environment exists “[w]hen the workplace is permeated with
‘discriminatory intimidation, ridicule, and insult,’ that is ‘sufficiently severe or pervasive to alter
the conditions of the victim’s employment and create an abusive working environment.’” Harris
v. Forklifts Sys., Inc., 510 U.S. 17, 21 (1993) (quoting Meritor Savs. Bank, FSB v. Vinson, 477
U.S. 57, 65, 67 (1986)). “[T]he conduct must be so severe or pervasive as to constitute a hostile
or abusive working environment both to the reasonable person and the actual victim.” Randolph,
453 F.3d at 733. Although courts have sometimes used the language “severe ‘and’ pervasive,”
our caselaw is clear that “‘severe or pervasive’ is properly considered in the disjunctive.”
Barrett v. Whirlpool Corp., 556 F.3d 502, 514 (6th Cir. 2009) (emphasis added); see also
Berryman v. Supervalu Holdings, Inc., 669 F.3d 714, 717 n.2 (6th Cir. 2012). A plaintiff need

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not, therefore, necessarily demonstrate the existence of severe conduct if she demonstrates that
the sexually charged conduct at issue is sufficiently pervasive. In determining whether
sexualized commentary pervades a plaintiff’s workplace, we consider, inter alia, its “frequency,”
“whether it is . . . humiliating,” and “whether it unreasonably interferes with an employee’s
performance.” Harris, 510 U.S. at 23. Even at summary judgment, a plaintiff may meet her
burden of showing that such conduct was pervasive by asserting that it was “‘ongoing,’
‘commonplace,’ and ‘continuing,’”—she need not, that is, “recount” each and every “specific
instance[]” of such comments. Hawkins v. Anheuser-Busch, Inc., 517 F.3d 321, 334 (6th Cir.
2008) (quoting Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 252 (6th Cir. 1998)).
We begin our consideration of Bruce’s claim by noting that we do not rely on any
allegations regarding Pinson’s conduct at Waller. Rather, we consider as relevant only those
actions alleged to have occurred when she and Pinson worked at A&R. Bruce’s complaint and
her briefing before this court, by contrast, place considerable weight on certain of Pinson’s
actions during the time that he and Bruce worked at Waller. See D. 19 (Appellee’s Br. at 3–4,
12–13). The district court disregarded these allegations, finding that they “cannot . . . be
attributed to A&R.” R. 29 (Mem. Op. at 15) (Page ID #790). We follow suit and hold that we
cannot consider allegations regarding Pinson’s behavior before he and Bruce worked at A&R.
After all, Bruce is proceeding against A&R on a theory of vicarious liability. See Schlosser v.
VRHabilis, LLC, 113 F.4th 674, 689 (6th Cir. 2024) (“[T]he employer can be vicariously liable
for the supervisor’s creation of a hostile work environment if the employer is unable to establish
an affirmative defense.” (quoting Vance v. Ball State Univ., 570 U.S. 421, 429 (2013)).
Vicarious liability requires an employment or agency relationship between a defendant and a
malfeasor. Restatement (Third) of Agency § 7.03(2) (Am. L. Inst. 2006). A&R thus cannot be
held liable for actions Pinson took before he worked there. The same applies on Bruce’s end.
“To establish her claim under Title VII, [Bruce] must show that [A&R] was her ‘employer’
within the meaning of the statute.” Nethery v. Quality Care Invs., L.P., 814 F. App’x 97, 102
(6th Cir. 2020) (per curiam). But A&R was not Bruce’s employer when the harassment at
Waller took place. Thus, because A&R was neither Bruce’s nor Pinson’s employer when they
worked at Waller, his conduct while there cannot be used to establish a claim against A&R under
Title VII.

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Having determined the relevant standards and the relevant allegations, we consider
whether Bruce has plausibly alleged conduct sufficiently pervasive to sustain a hostile-work-
environment claim. Bruce’s complaint outlines a consistent pattern of sexualized jokes and
comments directed at her by Pinson throughout her employment with A&R. Although Pinson
was not always in the office at A&R, he “continued sexually harassing Ms. Bruce when he was
in the office” by “making sexual comments and jokes to and about Ms. Bruce, as well as making
inappropriate comments about Ms. Bruce’s appearance, clothing, and private life.” R. 18 (Am.
Compl. ¶¶ 334–35) (Page ID #530). These comments and jokes occurred during “work-related
conversations” and “in team meetings,” id. ¶¶ 358–59 (Page ID #532), and included the repeated
suggestion, in the presence of others, “[l]et’s have Randi go down there in a short skirt,”
repeatedly saying “Hoe no” to Bruce instead of “Oh no,” and fantasizing aloud about Bruce
performing sexual acts on his desk, id. ¶¶ 360–62 (Page ID #532–33).1 Pinson also began, after
“Bruce’s engagement in December of 2022,” to make “inappropriate comments relating to the
engagement and Ms. Bruce’s relationship.” Id. ¶ 357 (Page ID #532). Pinson’s comments were
“persistent, ongoing, and continued up until the day Ms. Bruce was fired.” Id. ¶ 397 (Page ID
#536). During this time, Pinson also “gave Ms. Bruce a $750 bonus from his personal finances.”
Id. ¶ 33 (Page ID #499). This conduct affected Bruce’s ability to work as a member of the
Liquor Group, as she “went out of her way to avoid” Pinson, and “hardly spoke to him” by late
2022. Id. ¶¶ 336–37 (Page ID #530–31).
Viewed in the light most favorable to Bruce and drawing all inferences in her favor, these
facts plausibly allege conduct “sufficiently severe or pervasive to alter the conditions of [her]
employment and create an abusive work environment.” Harris, 510 U.S. at 21 (quoting Meritor,
477 U.S. at 67). We gather and infer from Bruce’s complaint that Pinson, who was among
Bruce’s supervisors and responsible for her employment at A&R, consistently and continually
directed sexualized comments at her in the presence of other employees at A&R. Or in Harris’s
terms, Pinson “frequen[tly]” and regularly “humiliat[ed]” Bruce, thereby “interfere[ing] with”
her ability to perform her job as a member of the Liquor Group. Id. at 23. We may not, in
1As discussed below, we infer from the complaint’s use of the language “would say” to describe Pinson’s
comments and the allegation that his comments were “persistent [and] ongoing” that his behavior was not confined
to a handful of discrete incidents. Id. ¶¶ 360–61, 397.

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construing Bruce’s amended complaint, leave behind our “judicial experience and common
sense” in inferring “a plausible claim for relief.” Iqbal, 556 U.S. at 679. And it is certainly
plausible that a young female paralegal would be humiliated and intimidated, and that her
performance would be affected, by persistent suggestions from a supervisor that she keep clients
happy by visiting them “in a short skirt,” that she is a “[h]oe,” and that it would be “hot” if she
had sex on a desk in the office—not to mention his delivery of an unsolicited $750 “bonus” from
his personal funds. R. 18 (Am. Compl. ¶¶ 33, 360–62) (Page ID #499, 533). Because Bruce’s
complaint “allege[s] sufficient ‘factual content’ from which a court, informed by its ‘judicial
experience and common sense,’ could ‘draw the reasonable inference’” that Bruce was subjected
to a hostile work environment, her sexual-harassment claim survives A&R’s motion to dismiss.
Keys, 684 F.3d at 610 (quoting Iqbal, 556 U.S. at 678, 679).
To be sure, and as A&R is keen to point out, “occasional . . . offensive utterances” that
are not “physically threatening or humiliating” do not render a work environment hostile and
discriminatory. Grace v. USCAR, 521 F.3d 655, 679 (6th Cir. 2008) (citation omitted). A&R
characterizes Bruce’s complaint as setting forth just “two discrete, one-time comments in a one-
year period.” D. 16 (Appellant’s Br. at 25). We agree with A&R that such a complaint would be
subject to dismissal because a hostile-work-environment claim premised on three or four
instances of harassing comments over an extended period of time is likely to fail unless those
comments are sufficiently severe to overcome their infrequency. Clark v. United Parcel Serv.,
Inc., 400 F.3d 341, 351 (6th Cir. 2005) (claim based on “three relatively isolated incidents over a
period of approximately two and a half years”); Phillips v. UAW Int’l, 854 F.3d 323, 328 (6th
Cir. 2017) (four statements over a period of two years); Ogbonna-McGruder v. Austin Peay State
Univ., 91 F.4th 833, 841 (6th Cir. 2024) (four instances over two and a half years).
But drawing all inferences in Bruce’s favor, Pinson’s conduct was much more frequent.
Although Pinson’s office attendance during Bruce’s year at A&R was inconsistent, he
“continued sexually harassing [her] when he was in the office.” R. 18 (Am. Compl. ¶¶ 334)
(Page ID #530). His comments were “persistent, ongoing, and continued up until the day Ms.
Bruce was fired.” Id. ¶ 397 (Page ID #536). These allegations are sufficient to allow a plausible
inference that Pinson’s comments occurred more than a handful of times. That Bruce does not

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recount with specificity each instance of Pinson’s behavior is beside the point, as requiring her to
do so would impose a higher burden than is required even at summary judgment. Hawkins, 517
F.3d at 333–34.2 Moreover, A&R’s argument that the specific comments Bruce does allege are
“discrete, one-time comments” misreads her complaint. Paragraphs 360 and 361 of Bruce’s
amended complaint state that “Pinson would say, ‘Let’s have Randi go down there in a short
skirt,’” and that “Pinson would say ‘Hoe no.’” R. 18 (Am. Compl. ¶¶ 360–61) (Page ID #532–
33) (emphasis added). The natural reading of the complaint’s use of “would” is that these
comments were regular and habitual, not unique or “one-time.” See Would, Merriam-Webster,
https://www.merriam-webster.com/dictionary/would (last visited Jan. 21, 2026) (“used in
auxiliary function to express custom or habitual action”). This is particularly true when these
paragraphs are placed in contrast with ¶ 362, which plainly alleges such a discrete, one-time
comment. Id. ¶ 362 (Page ID #533) (“On April 19, 2023, Mr. Pinson made sexually suggestive
comments about how ‘hot’ it would be to see Ms. Bruce and another paralegal engaging in
sexual acts on his desk.”).
Notably, only one of this court’s cases on which A&R relies, Ogbonna-McGruder, arose
in a motion-to-dismiss posture. Ogbonna-McGruder, 91 F.4th at 837. This means, of course,
that in every other case the complaint survived a motion to dismiss, or the defendant decided not
to file one. Ogbonna-McGruder, moreover, is a far cry from the facts here. The majority of the
plaintiff’s allegations in that case—“that she was denied the opportunity to draft a grant proposal
and teach summer courses, received low evaluations, was replaced by a white adjunct professor,
and was reassigned to teach public management courses”—were held not to “constitute
‘harassment’ contributing to the hostile work environment claim” at all. Id. at 840. Rather, there
were just “four incidents” that “could constitute harassment to support [that] claim” over a two-
and-a-half-year period. Id. at 840–41. And those alleged incidents all involved non-racialized
“comments about [the plaintiff’s] teaching abilities and qualifications” (the plaintiff’s claim in
Ogbonna-McGruder was based on race), which were much less inherently inflammatory than
those at issue here. Id. at 841. Whereas a statement “denigrat[ing] [someone’s] teaching
2To require Bruce to state the contents of each of Pinson’s actions that contribute to the hostile work
environment would also impose a heightened particularity standard on her pleading outside of the limited contexts in
which Congress has required as much. See Kolominsky v. Root, Inc., 100 F.4th 675, 683–84 (6th Cir. 2024).

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abilities” or “stat[ing] that she was not qualified to teach political science courses,” id. at 840,
does not directly implicate a protected characteristic such as race or gender, Pinson’s consistent
comments towards Bruce were indisputably sexually charged. Had Bruce here alleged just a few
isolated incidents of non-sexual offensive comments, we too would struggle to find a plausible
hostile-work-environment claim. Because Bruce has gone much further and the well-pleaded
facts demonstrate a pattern of humiliating sexualized comments by a supervisor, we hold that she
has plausibly alleged a Title VII sexual-harassment claim.
Our dissenting colleague would hold that Bruce has failed to state a hostile-work-
environment claim because her complaint does not explicitly describe enough specific incidents
of Pinson’s conduct. It is not enough, in the dissent’s view, for Bruce—in addition to the
repeated comments she specifically recounts—to allege that Pinson was continuously “making
inappropriate comments about Ms. Bruce’s appearance, clothing, and private life,” and
“inappropriate comments related to [Bruce’s] engagement and [her] relationship” with her
fiancé. R. 18 (Am. Compl. ¶¶ 335, 357) (Page ID #530, 532).3 This demand for a detailed
telling of each offensive utterance, however, is more than Rule 8 requires. First, such a standard
is “incongruous” insofar as it would “require [Bruce], in order to survive a motion to dismiss, to
plead more facts than [s]he may ultimately need to prove to succeed on the merits” at summary
judgment or at trial. Swierkiewicz, 534 U.S. at 511-12.4 Second, the dissent’s argument that the
specific contents of each harassing statement are necessary for us to “independently determine”
whether they add up to a hostile-work-environment claim, Dissent at 23, would all-but-eliminate
3The dissent views these allegations as the “labels and conclusions, elements and accusations” that Iqbal
affirmed are insufficient to state a claim. Dissent at 25 (citing Iqbal, 556 U.S. at 678). They are not. Far from
constituting a “formulaic recitation of the elements” of a Title VII claim, these portions of Bruce’s complaint
contain additional factual matter about how Pinson treated her at A&R. Iqbal, 556 U.S. 681 (quoting Twombly, 550
U.S. at 555). This is in marked contrast to the allegations the Iqbal court held to be insufficient, which read more
like a set of jury instructions than statements about events occurring in the world. See id. at 680–81.
4The dissent disagrees with our reliance on Hawkins and Abeita, claiming that we “clarified” those
decisions in Berryman. Dissent at 24 n.1 (citing 669 F.3d at 717). But Berryman, which cited Hawkins
approvingly, did nothing to undermine either case. Berryman’s unremarkable statement that a plaintiff must
“advance[] evidence of harassment that is ‘ongoing,’ ‘commonplace,’ and ‘continuing,’” does not mark any kind of
turning point in our jurisprudence. Id. (quoting Hawkins, 517 F.3d at 333–34). In Abeita, the plaintiff’s assertions
about sexual comments being “continuing” were part of her testimony, and therefore constituted “evidence of
harassment.” 159 F.3d at 252. Hawkins reaffirmed as much, as well as the fact that a plaintiff’s “inability to recount
any more specific instances goes to the weight of her testimony, a matter for the finder of facts.” 517 F.3d at 334
(quoting Abeita, 159 F.3d at 252).

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any room for “reasonable inference.” Iqbal, 556 U.S. at 678. In so doing, it would impose on
hostile-work-environment plaintiffs a heightened pleading standard not unlike Rule 9’s fraud
pleading standard. See United States ex rel. Martin v. Hathaway, 63 F.4th 1043, 1047–48 (6th
Cir. 2023) (noting that under Rule 9, a complaint “must specify the ‘who, what, when, where,
and how’ of the alleged fraudulent scheme” (quoting Sanderson v. HCA-The Healthcare Co.,
447 F.3d 873, 877 (6th Cir. 2006))). Such “[a] requirement of greater specificity for particular
claims,” however, “‘must be obtained by the process of amending the Federal Rules, and not by
judicial interpretation.’” Swierkiewicz, 534 U.S. at 515 (quoting Leatherman v. Tarrant Cnty.
Narcotics Intell. & Coordination Unit, 507 U.S. 163, 168 (1993)). Because Bruce’s claim is not
among those to which Congress has applied a heightened fact-pleading standard, we adhere to
our analysis of the complaint’s facts and the reasonable inferences therefrom.
C. Motion to Compel Arbitration
Having held that Bruce may proceed to discovery on her sexual-harassment claim, we
turn to the impact of that holding on A&R’s motion to compel arbitration of Bruce’s ADA
claims. A&R argues that those claims, which do not themselves fall within the EFAA’s
definition of a “sexual harassment dispute,” must be arbitrated pursuant to the parties’
agreement. D. 16 (Appellant’s Br. at 28–29). Lower courts interpreting the EFAA, however,
have generally held otherwise, finding that “where a claim in a case alleges ‘conduct constituting
a sexual harassment dispute’ as defined, the EFAA . . . makes pre-dispute arbitration agreements
unenforceable with respect to the entire case relating to that dispute.” Johnson v. Everyrealm,
Inc., 657 F. Supp. 3d 535, 561 (S.D.N.Y. 2023) (emphasis added) (quoting 9 U.S.C. § 402(a));
see also Rix v. Polsinelli PC, No. 23-03062, 2025 WL 2674767, at *7 (D.D.C. Sept. 18, 2025)
(collecting cases).5 The district court adopted this approach, thus finding that the arbitration
agreement was unenforceable as to Bruce’s entire case, including her ADA claims. R. 29 (Mem.
Op. at 26–27) (Page ID #801–02). For the following reasons, we agree.
5We are aware of just one EFAA decision compelling arbitration of some claims but not others. Mera v.
SA Hospitality Grp., LLC, 675 F. Supp. 3d 442, 448 (S.D.N.Y. 2023). That decision, however, which was authored
by a magistrate judge, was later overturned in relevant part by the district court. Mera v. SA Hospitality Grp., LLC,
No. 23-cv-3492, 2025 WL 3202080, at *10 (S.D.N.Y. Nov. 17, 2025).

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Our interpretation of the EFAA “begins with the statutory text, and ends there as well” if
the text is “unambiguous.” Nat’l Ass’n of Mfrs. v. Dep’t of Defense, 583 U.S. 109, 127 (2018)
(quoting BedRoc Ltd. v. United States, 541 U.S. 176, 183 (2004)). “If a term in a statute is
undefined, it is interpreted using its ordinary meaning.” Binno v. Am. Bar Ass’n, 826 F.3d 338,
346 (6th Cir. 2016). Section 402(a) reads, in full, as follows:
IN GENERAL.—Notwithstanding any other provision of this title, at the election of
the person alleging conduct constituting a sexual harassment dispute or sexual
assault dispute, or the named representative of a class or in a collective action
alleging such conduct, no predispute arbitration agreement or predispute joint-
action waiver shall be valid or enforceable with respect to a case which is filed
under Federal, Tribal, or State law and relates to the sexual assault dispute or the
sexual harassment dispute.
At issue here is the scope of § 402(a)’s instruction, upon a finding that a “person” is “alleging
conduct constituting a sexual harassment dispute or sexual assault dispute,” that a “predispute
arbitration agreement . . . shall [not] be valid or enforceable.” Section 402(a) tells us that such an
agreement is unenforceable “with respect to a case which is filed under Federal, Tribal, or State
law and relates to the sexual assault dispute or the sexual harassment dispute.”
The operative word here is “case.” That is because it is “with respect to a case” that an
otherwise-valid arbitration agreement is invalid and unenforceable. 9 U.S.C. § 402(a). All data
point clearly in the direction of “case” encompassing a plaintiff’s entire suit. Black’s Law
Dictionary defines “case” as “[a] civil or criminal proceeding, action, suit, or controversy at law
or in equity.” Case, Black’s Law Dictionary (12th ed. 2024); see also Case, Merriam-Webster,
https://www.merriam-webster.com/dictionary/case (last visited Jan. 21, 2026) (“a suit or action
in law or equity”). We need look no further than the FAA to find a use of the word “case” in
accordance with these definitions, as Section 7 provides for the ability to call witnesses “in [a]
case” in arbitration. 9 U.S.C. § 7. The use in Section 7 of the preposition “in” means that “case”
makes sense only if read to refer to a proceeding. Other instances of the word “case” in federal
law lend further support to this understanding. See, e.g., 28 U.S.C. § 1446 (referring to a “civil
action” or “case” in the context of federal removal); id. § 1332 (same in context of diversity
jurisdiction); id. § 636(c)(1) (discussing the referral of a “case” to a United States magistrate
judge); Fed R. App. P. 3(c)(5) (referring to “a civil case”). A party does not call a witness “in” a

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claim, or count, or cause of action. This usage stands in contrast to the term “claim,” which
denotes a singular “demand for money, property or a legal remedy to which one asserts a right”;
i.e., a “claim for relief.” Claim, Black’s Law Dictionary (12th ed. 2024); see also Fed. R. Civ. P.
18 (“Joinder of Claims”). Furthermore, our own recent usage is consistent with this distinction:
“claims” are the component parts of a “suit,” “case,” or “action,” each of which terms
encompasses the entirety of a civil proceeding. See, e.g., Nathan v. Great Lakes Water Auth.,
992 F.3d 557, 561 (6th Cir. 2021) (“This case involves numerous claims . . . .”); Lopez v.
Foerster, 791 F. App’x 582, 584 (6th Cir. 2019) (“He filed this action . . . alleging various
constitutional claims.”); Capone v. Atl. Specialty Ins. Co., 791 F. App’x 595, 595 (6th Cir. 2020)
(“Capone thereafter brought this suit, asserting two claims.”).
With this understanding of the meaning of “case” in mind, the EFAA’s text renders an
arbitration agreement “[un]enforceable with respect to” a plaintiff’s entire case, or action, and
not only with respect to certain claims therein. 9 U.S.C. § 402(a). And the cases the EFAA
shields are those that “relate[] to the sexual assault dispute or the sexual harassment dispute.”
“Relate” means “[t]o have some connection to; to stand in relation to.” Relate, Black’s Law
Dictionary (12th ed. 2024); see also Relate, Merriam-Webster, https://www.merriam-
webster.com/dictionary/relate (last visited Jan. 21, 2026) (“to have relationship or connection”).
In another context, the Supreme Court held that one thing “relate[s] to” another “if it has a
connection with or reference to” that other thing, noting such a definition’s accordance with the
“ordinary meaning of ‘relate to’” and the term’s “deliberately expansive” nature. District of
Columbia v. Greater Wash. Bd. of Trade, 506 U.S. 125, 129 (1992) (citation omitted). We too
have recognized that “relates to” is an expansive term. United States v. Fields, 53 F.4th 1027,
1045 (6th Cir. 2022) (comparing the breadth of “relate to or connect with” with the narrower
“necessarily entails” (citation omitted)). When a plaintiff files a case that includes a sexual-
harassment claim, that case certainly has “a connection with” and “reference to” the claim.
Thus, we hold that a plaintiff’s case, such as Bruce’s, that contains a plausibly alleged claim of
sexual harassment, therefore “relates to” a “sexual harassment dispute,” and arbitration may not
be compelled under the FAA. 9 U.S.C. § 402(a).

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“[C]ontextual and structural considerations” lend further support to this interpretation of
§ 402(a). Roberts v. Sea-Land Servs., Inc., 566 U.S. 93, 100 (2012). Most strikingly, there are
three ways in which Congress could easily have drafted the EFAA to protect only sexual-
harassment claims and sexual-assault claims themselves from forced arbitration, yet it followed
none of these paths.
First, Congress could have used the word “claim” instead of “case” in § 402(a). The
EFAA’s drafters knew well how to use the word “claim,” see 9 U.S.C. § 401 note, and when
Congress deliberately uses different words, we presume those words to “have different
meanings.” Tomaszczuk v. Whitaker, 909 F.3d 159, 166 (6th Cir. 2018); Johnson, 657 F. Supp.
3d at 560 (“Congress, in enacting the EFAA, thus can be presumed to have been sensitive to the
distinct meanings of the terms ‘case’ and ‘claim.’”). To give the EFAA the same meaning as if
Congress used the term “claim” in place of “case” would, therefore, require us to ignore
Congress’s deliberate choice of words.
Second, the canon against surplusage, which reflects “the idea that ‘every word and every
provision is to be given effect,’” disfavors a narrow reading. Nielsen v. Preap, 586 U.S. 392,
414 (2019) (quoting Antonin Scalia & Bryan Garner, Reading Law: The Interpretation of Legal
Texts 174 (2012)). Congress could have provided plaintiffs with protection limited to sexual-
assault claims and sexual-harassment claims by simply striking the words “a case which is filed
under Federal, Tribal, or State law and relates to the” from § 402(a). With the law written as
such, an arbitration agreement would simply not “be valid or enforceable with respect to the
sexual assault dispute or the sexual harassment dispute.” A&R’s preferred reading would cause
those struck words “to have no consequence,” and its reading is therefore disfavored. Id.
Third, and similarly, Congress could, if intending the result that A&R urges, have copied
over language—used in numerous whistleblower-protection statutes—that precludes arbitration
only as to individual “disputes” arising under those provisions. See 18 U.S.C. § 1514A(e)(2)
(“No predispute arbitration agreement shall be valid or enforceable, if the agreement requires
arbitration of a dispute arising under this section.”); 31 U.S.C. § 5323(j)(2) (same); 7 U.S.C.
§ 26(n)(2) (same); 12 U.S.C. § 5567(d)(2) (similar); 26 U.S.C. § 7623(d)(5)(B) (similar); 49
U.S.C. § 60129(e)(2) (similar). Under those whistleblower-protection provisions, the bar on

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forced arbitration applies only to the specific whistleblower claims provided for in each section.
Because “Congress opt[ed] not to include a well known and frequently used approach in
drafting” the EFAA, we “hesitate to pencil it back in under the guise of interpretation.” Prewett
v. Weems, 749 F.3d 454, 461 (6th Cir. 2014).
Put simply, all indicia in the EFAA’s text and statutory structure point in the same
direction. “We must presume that Congress ‘says in a statute what it means and means in a
statute what is says there.’” Rotkiske v. Klemm, 589 U.S. 8, 13–14 (2019) (quoting Conn. Nat’l
Bank v. Germain, 503 U.S. 249, 253–54 (1992)). Because Congress applied the EFAA’s bar to
arbitration to cases and not claims or causes of action, and did not take obvious alternative paths
in its drafting, the district court did not err in denying A&R’s motion to compel.
A&R’s arguments to the contrary are unavailing. A&R begins by pointing to the FAA’s
longstanding “presumption in favor of arbitration,” which extends “to the claim-by-claim level
of detail.” D. 16 (Appellant’s Br. at 27). This argument misunderstands the nature of the
presumption that “any doubts regarding arbitrability should be resolved in favor of arbitration.”
Fazio v. Lehman Bros., Inc., 340 F.3d 386, 392 (6th Cir. 2003). This principle does not govern
statutory interpretation, but instead stands for the idea that courts, “in applying general state-law
principles of contract interpretation to the interpretation of an arbitration agreement within the
scope of the Act” must give “due regard . . . to the federal policy favoring arbitration, and
[resolve] ambiguities as to the scope of the arbitration clause itself . . . in favor of arbitration.”
Volt Info. Servs., Inc. v. Bd. of Trs. of Leland Stanford Junior Univ., 489 U.S. 468, 475–76
(1989) (emphases added); see also Stout v. J.D. Byrider, 228 F.3d 709, 715 (6th Cir. 2000) (“It is
settled authority that doubt regarding the applicability of an arbitration clause should be resolved
in favor of arbitration.”).
If this were a case that turned on our interpretation of an arbitration agreement itself, the
principle cited by A&R would be relevant. All parties agree, however, that Bruce signed a valid
and enforceable arbitration agreement. Moreover, even if the FAA’s contract-interpretation
principles were to apply to our interpretation of the EFAA’s provisions, we could “not . . . reach
a result inconsistent with the plain text . . . simply because the policy favoring arbitration is
implicated.” EEOC v. Waffle House, Inc., 534 U.S 279, 294 (2002). Because the EFAA’s text

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unambiguously precludes arbitration of Bruce’s entire case, no presumption could compel a
different reading. Finally, A&R’s reference to the principle that courts must assess arbitrability
on a claim-by-claim basis, “even where the result would be the possibly inefficient maintenance
of separate proceedings in different forums,” simply begs the question. KPMG LLP v. Cocchi,
565 U.S. 18, 22 (2011) (per curiam) (quoting Dean Witter Reynolds, 470 U.S. at 217). Because
the EFAA’s plain language controls, then each claim that is a part of Bruce’s case may remain in
court, whether we take them claim-by-claim or as a whole.
Nor does the fact that this pro-arbitration construction was “well settled” when the EFAA
was enacted require us to read into the EFAA a pro-arbitration statutory purpose. D. 16
(Appellant’s Br. at 28–31) (quoting United States v. Kassouf, 144 F.3d 952, 957 (6th Cir. 1998)).
Kassouf, on which A&R relies in contending as much, stands for the principle that “if a word is
obviously transplanted from another legal source, whether the common law or other legislation,
it brings the old soil with it.” Hall v. Hall, 584 U.S. 59, 73 (2018) (quoting Felix Frankfurter,
Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527, 537 (1947)); Kassouf, 144
F.3d at 957 (“[C]ourts will presume that Congress knew of the prevailing law when it enacted
the statute.”). Therefore, where Congress enacts “similar language” to a statute that “ha[s] been
consistently construed” one way, “we may presume that Congress intended” to incorporate that
interpretation. Kassouf, 144 F.3d. at 958. But A&R does not point to anything in the EFAA’s
text that hinges on a judicial interpretation of terms or provisions in the FAA, so the “old soil”
principle does not apply.
In the course of its “purpose” argument, A&R also appears to raise the practical concern
that plaintiffs will abuse the EFAA to avoid arbitration of non-sexual-harassment/abuse claims.
D. 16 (Appellant’s Br. at 29–30). This policy argument lies far downstream of the EFAA’s plain
meaning, to which this court must adhere “except in the rare cases [in which] the literal
application of a statute will produce a result demonstrably at odds with the intentions of its
drafters.” United States v. Bedford, 914 F.3d 422, 427 (6th Cir. 2019) (quoting United States v.
Ron Pair Enters., Inc., 489 U.S. 235, 242 (1989) (citation modified)). “[T]he sole function of the
courts—at least where the disposition required by [a statute’s] text is not absurd—is to enforce it
according to its terms.” Id. (quoting Lamie v. United States Tr., 540 U.S. 526, 534 (2004)).

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This is far from the “rare case” in which applying the law’s plain meaning leads to an absurd
result. The stated purpose of the EFAA, according to the House Report, is to “restore access to
justice for millions of victims of sexual assault or harassment who are currently locked out of the
court system and are forced to settle their disputes against companies in a private system of
arbitration.” H.R. Rep. No. 117-234, at 4 (2022). Allowing these “millions of victims” to bring
other claims alongside their sexual assault or harassment claims is far from “demonstrably at
odds with th[is] intention[].” Bedford, 914 F.3d at 427 (citation omitted).
Congress might indeed view the rule we adopt here as advancing its intent because a
construction of the EFAA that required plaintiffs with both sexual-harassment and other claims
to proceed separately in arbitration and court would discourage such plaintiffs from accessing the
court system, on the pain of the increased costs and time-commitment in bringing two parallel
actions in different fora. Because A&R has not demonstrated that the effects of our holding will
contravene Congressional policy, much less sufficiently so that we could disregard the law’s
plain text, we are not swayed.6
IV. CONCLUSION
In sum, we hold that a where a plaintiff brings multiple claims in a single suit against a
party with whom she has an otherwise-valid arbitration agreement, and one of those claims
alleges a “sexual assault dispute” or a “sexual harassment dispute,” the EFAA renders the
arbitration agreement unenforceable with respect to each of the claims that comprise her case.
The EFAA therefore permits Bruce to continue to litigate her entire case in federal court, and the
district court did not err in denying A&R’s motion to compel arbitration of Bruce’s ADA claims.
We AFFIRM the district court’s order and REMAND for further proceedings.
6Even if we humor for a moment A&R’s policy argument, however, we are not convinced that dire
consequences will flow from our decision. We note that our interpretation of the EFAA has prevailed for years in
district courts across the country without any apparent calamitous effect.

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_________________
DISSENT
_________________
THAPAR, Circuit Judge, dissenting. Under a straightforward reading of this court’s Title
VII cases, Randi Bruce failed to state a claim against Adams & Reese, LLP (A&R) for a hostile
workplace based on sexual harassment. To reach a different conclusion, the majority ignores our
strict standard for hostile-workplace claims and credits Bruce’s vague, conclusory allegations—
all to let a plaintiff avoid a valid arbitration agreement. I respectfully dissent.
* * *
Bruce’s complaint doesn’t plausibly allege severe or pervasive harassment establishing a
hostile workplace under Title VII.
The majority reaches the opposite conclusion by misapplying Title VII and the federal
pleading standard. The majority first disregards the “high bar” that Title VII sets for hostile-
workplace claims. Khalaf v. Ford Motor Co., 973 F.3d 469, 482 (6th Cir. 2020) (quotation
omitted). Properly understood, Title VII’s “demanding” standard requires a plaintiff to allege
harassment so extreme or ongoing that it unreasonably interfered with her work performance.
Faragher v. City of Boca Raton, 524 U.S. 775, 788 (1998). To inch Bruce’s complaint over this
high bar, the majority credits her vague and unsupported generalizations about how frequently
her supervisor, Rob Pinson, allegedly harassed her. But “mere conclusory statements” and
“naked assertions devoid of further factual enhancement” can’t make a complaint plausible.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up). The majority’s mistakes contradict our
precedent on severe or pervasive harassment.
Bruce’s complaint alleges only three specific comments over her year of employment at
A&R. She recounts that “Pinson would say, ‘Let’s have Randi go down there in a short skirt’”
and “‘Hoe no’ instead of ‘Oh no’ when talking to [her].” R. 18, Pg. ID 532. Pinson also
allegedly remarked in April that it would be “hot” to see Bruce and another paralegal perform a
sex act on his desk. Id. at 533. These comments are clearly “offensive utterance[s].” Harris v.

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Forklift Sys., Inc., 510 U.S. 17, 23 (1993). But “three relatively isolated incidents” over the
course of a year—only one of them dated—are too infrequent to be “pervasive.” Clark v. United
Parcel Serv., Inc., 400 F.3d 341, 351 (6th Cir. 2005). And Pinson’s remarks pale in comparison
to more overtly sexual, intimidating, and humiliating conduct that wasn’t “severe” under Title
VII’s standard. See Nathan v. Great Lakes Water Auth., 992 F.3d 557, 568–70 (6th Cir. 2021)
(collecting cases). Our precedent is so uniform that even the majority concedes “a hostile-work-
environment claim premised on three or four instances of harassing comments over an extended
period of time is likely to fail.” Maj. Op. at 12.
Beyond Pinson’s three specific comments, Bruce’s complaint includes only vague and
conclusory allegations that Pinson made “sexual” and “inappropriate” remarks and “continued
sexually harassing” her in the office. R. 18, Pg. ID 530. The majority accepts that these
allegations establish “a consistent pattern of sexualized jokes and comments.” Maj. Op. at 11.
But these are the exact kind of “conclusory statements” and “bare assertions” that we can’t
accept as true on a motion to dismiss. Iqbal, 556 U.S. at 678, 681. Bruce tries to round out these
allegations by adding information about the topic and timing of the remarks—like that they
centered on her appearance or engagement or happened in team meetings. That’s still not
enough. Though we accept Pinson remarked on these topics at these times, Bruce’s complaint
doesn’t give enough “factual content” for us to infer that Pinson’s comments actually supported
her Title VII claim. Id. at 678. Without knowing the content of his remarks, we can’t
independently determine they were sexual, inappropriate, or hostile—and that’s what’s required
to state a claim.
By the same token, we can’t accept Bruce’s “formulaic recitation” of Title VII’s
elements. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). In particular, the majority
relies heavily on Bruce’s assertion that Pinson’s comments were “persistent, ongoing, and
continued” until her firing. Maj. Op. at 11 & n.1, 12 (quoting R. 18, Pg. ID 536). But this
allegation simply pleads synonyms from our caselaw for the required element of “pervasive”
harassment. Compare R. 18, Pg. ID 536, with Berryman v. SuperValu Holdings, Inc., 669 F.3d

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714, 717 (6th Cir. 2012).1 Without facts to support this claim, we can’t credit Bruce’s
“[t]hreadbare recital[] of the elements of a cause of action,” even if she used a thesaurus. Iqbal,
556 U.S. at 678. After all, if this were our approach, we could save a lot of time by simply
accepting that Bruce “faced discrimination based on sex in the form of ongoing sexual
harassment.” R. 18, Pg. ID 532. The majority errs by giving weight to this kind of element-as-
allegation pleading.
Absent facts about the timing of Pinson’s remarks, the majority turns to grammar. The
majority infers from Bruce’s assertion that Pinson “would say” two of his remarks that he made
those comments repeatedly and frequently. Maj. Op. at 11 n.1, 13. But alleging that Pinson
“would say” these remarks doesn’t tell us that he said them so often that it transformed A&R into
a hostile workplace. Although the tense could suggest some repetition, plaintiffs still need to
back up their implicit allegations with facts for us to reasonably infer they’ve stated a plausible
claim. See Iqbal, 556 U.S. at 678; see also Clark, 400 F.3d at 351. And the facts in Bruce’s
complaint aren’t enough to make this inference reasonable.
All of this exposes a central contradiction in the majority’s reasoning: The majority
agrees that Bruce can’t base her claim on only three specific instances of harassment—and yet
the majority doesn’t expect Bruce to remember any more.2 Indeed, the majority waves away
1According to the majority, a plaintiff may show pervasive harassment simply by “asserting that [conduct]
was ‘ongoing,’ ‘commonplace,’ and ‘continuing.’” Maj. Op. at 10 (quoting Hawkins v. Anheuser-Busch, Inc., 517
F.3d 321, 334 (6th Cir. 2008) (quoting Abeita v. TransAmerica Mailings, Inc., 159 F.3d 246, 252 (6th Cir. 1998))).
But the majority errs by relying on Hawkins and Abeita. For starters, our circuit has clarified that at summary
judgment, a plaintiff must “advance[] evidence” that harassment was pervasive, not simply “assert[]” it was so.
Compare Berryman, 669 F.3d at 717, with Maj. Op. at 10. At the same time, the Supreme Court has also
substantially tightened federal pleading standards. So the majority can’t just assume Hawkins’s and Abeita’s view
of sufficient evidence translates into the motion-to-dismiss standard. Nowadays, a plaintiff must plead enough
factual matter to substantiate the harassment’s frequency, not simply recite Hawkins’s and Abeita’s magic words.
Iqbal, 556 U.S. at 678.
2Bruce’s complaint recounts numerous specific comments Pinson made to her at a different law firm. See
R. 18, Pg. ID 525–30. The majority is correct that those 42 paragraphs are irrelevant to A&R’s liability. Maj. Op. at
10; see Nethery v. Quality Care Invs., LP, 814 F. App’x 97, 102 (6th Cir. 2020) (per curiam). But it’s curious that
Bruce can recall the specifics of the harassment that allegedly occurred at that previous law firm but can’t recall
details of Pinson’s more recent comments at A&R. Of course, when Bruce and Pinson transferred to A&R, Bruce
admits that she “hardly spoke” to Pinson, partly because he “rarely made an appearance at the office.” R. 18, Pg. ID
530–31; see also R. 1, Pg. ID 36 (stating Pinson was “out of the office 80% of the first year at [A&R]”). That
doesn’t leave “room for [the] ‘reasonable inference’” that Pinson harassed Bruce in a pervasive way at A&R. Maj.
Op. at 15.

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Bruce’s failure to “recount with specificity” when or what Pinson said as simply “beside the
point.” Maj. Op. at 12–13. It then insists that asking Bruce to allege more than three specific
comments somehow imposes the heightened pleading requirements of Federal Rule of Civil
Procedure 9(b) or the standard for summary judgment. Id. at 15. But what should the plaintiff
plead other than specific facts? If the specifics are “beside the point,” the majority effectively
tells the plaintiff to plead what’s left: labels and conclusions, elements and accusations. See
Iqbal, 556 U.S. at 678.
To hide the implications of its reasoning, the majority repeatedly conflates asking for
more facts with demanding that Bruce recount “each instance of Pinson’s behavior,” “each
offensive utterance,” or “each harassing statement.” Maj. Op. at 13, 14 (emphasis added). No
one wants her to do that—at least, not now. But somewhere between recounting three comments
and every comment lies the line of plausibility. To fall on the right side of that all-important
line, a plaintiff must include enough “factual content” for us to infer the defendants created a
hostile workplace. Iqbal, 556 U.S. at 678. Bruce’s complaint recounts three comments, then
tosses in some accusations and well-chosen verbs—and thus “stops short of the line between
possibility and plausibility.” Id. (quotation omitted). So the majority errs by allowing her
implausible complaint to proceed.
Because Bruce’s sexual-harassment claim should be dismissed, her disability claims
belong in arbitration. See Yost v. Everyrealm, Inc., 657 F. Supp. 3d 563, 588 (S.D.N.Y. 2023).
Indeed, the majority, district court, and parties all agree that outcome would follow dismissal.
Maj. Op. at 6 (“[I]f the sexual harassment claim is subject to dismissal under Rule 12(b)(6), the
remaining claims under the ADA will be subject to arbitration.” (quoting R. 29, Pg. ID 777)).
I respectfully dissent.

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