Sex Bias Versus Sexual Harassment Probed in CVS Arbitration Case

CVS, one of its former store managers, the EEOC, and employer-rights advocates were questioned Wednesday by the Third Circuit about what the type of mistreatment must be alleged to meet a #MeToo-spurred law’s requirements for opting out of an employment arbitration agreement.

At issue in Michele Cornelius’ appeal of a US District Court for the District of New Jersey decision sending her suit against CVS Pharmacy Inc., its New Jersey unit and her ex-supervisor to arbitration is whether she can invoke the 2022 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The lower court found Cornelius pleaded …