Public Justice Defends Access to Court in SpaceX Sexual Harassment Case

According to Public Justice, a case involving a former SpaceX employee raises questions about when employees can pursue sexual harassment and discrimination claims in court rather than being required to arbitrate them.

A former program security manager at SpaceX, sued the company and her former supervisor. She alleges that she was paid less than male coworkers, denied a promotion, and subjected to inappropriate sex-based comments and hostile treatment by her former supervisor.

According to her lawsuit, the plaintiff reported the alleged behavior to the company. She says that after reporting her supervisors, he reduced her job responsibilities and made negative statements about her to government clients. She and other women continued reporting concerns, and the plaintiff was ultimately fired after Human Resources investigated one of the complaints.

Rather than allowing the case to move forward in court, SpaceX asked the court to require the plaintiff to resolve her claims through arbitration.

The district court denied that request, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) allowed her to pursue her claims in court because her case includes allegations of sexual harassment.

SpaceX appealed the decision, and Public Justice joined the case to represent the plaintiff on appeal.

The appeal raises important questions about how EFASASHA applies to workplace harassment and retaliation claims. Among other issues, the court is considering whether the law applies when a complaint includes sexual harassment allegations, whether retaliation for reporting sexual harassment can qualify as a covered dispute, and whether the law applies to sex-based harassment more broadly.

The outcome could help clarify how employees who experience sexual harassment and retaliation can use EFASASHA to pursue their claims in court.

At Advocate Capital, we appreciate the work Public Justice does to help individuals pursue justice and protect access to the courts. Cases like this one highlight the important role attorneys can play in making sure people have an opportunity to have their claims heard.

We’re proud to recognize Public Justice and the attorneys who continue working to advance access to justice and accountability. To learn more about Public Justice or support their mission by becoming a member, visit, PublicJustice.net. 

About Donna A. Jones

Donna Jones is the President at Advocate Capital, which became a part of Pinnacle in 2019. Ms. Jones is a member of the Board of Directors of Advocate Capital and serves as a member of the Credit Committee. Her responsibilities include education and training of Advocate Capital staff regarding civil litigation, coaching new clients on the fundamentals of Advocate’s online services, as well as its proprietary software application, AdvoTrac®, and all activities related to existing and prospective clients.