KASSANDRA MEMMER v. UNITED WHOLESALE MORTGAGE, LLC, - Articles

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KASSANDRA MEMMER v. UNITED WHOLESALE MORTGAGE, LLC,

Posted by: Azya Thornton on Apr 18, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Carla D. Aikens, Rejanae M. Thurman, CARLA D. AIKENS, P.L.C., Detroit, Michigan, for Appellant.

Attorneys 2: ON BRIEF: James W. Rose, TAFT STETTINIUS & HOLLISTER LLP, Southfield, Michigan, for Appellee.

Judge(s): MOORE, CLAY, and THAPAR, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

KAREN NELSON MOORE, Circuit Judge. Kassandra Memmer sued her former employer, United Wholesale Mortgage (“UWM”), for discrimination that she allegedly faced during her tenure there. The lawsuit includes allegations of sexual harassment. UWM moved to dismiss the lawsuit and compel arbitration under the parties’ employment agreement. The district court granted the motion. Memmer appeals, arguing that the arbitration agreement is invalid and that she has a right to go to court notwithstanding any otherwise valid agreement due to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”). UWM responds that EFAA does not apply here, because Memmer’s claims accrued before the law was enacted. As a matter of first impression in our circuit, we conclude that EFAA applies to claims that accrue after its date of enactment and to disputes, understood as controversies between the parties, that arise after that date. We accordingly REVERSE and REMAND for the district court to apply the correct interpretation of EFAA to this case.

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