The Arbitration Clause Question — and What Federal Law Says
A predispute arbitration agreement is a clause, usually buried in terms of service a person accepts by tapping "agree," that requires future disputes to go to a private arbitrator instead of a court. Arbitration is typically private, with limited appeal rights and no jury. Rideshare platforms' terms of service have included arbitration provisions, and for years that shaped where passenger claims could be heard.
Federal law changed that for sexual assault and sexual harassment claims. Under 9 U.S.C. § 402(a), "at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute," or of the named representative of a class or 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." The statute applies notwithstanding any other provision of the Federal Arbitration Act.
The key word is election. The choice belongs to the survivor, not the company. A survivor may choose court, and in some situations a survivor may prefer arbitration's privacy. What the election means in practice, and how it interacts with the facts of a particular case, is the kind of question a conversation with an attorney can help you understand.
A second federal procedure also matters. If your case is filed in federal court, it may not stay in the district where it started. Under 28 U.S.C. § 1407(a), when civil cases sharing one or more common questions of fact are pending in different federal districts, the Judicial Panel on Multidistrict Litigation may transfer them to one district for coordinated or consolidated pretrial proceedings. It does so on a determination that the transfer serves the convenience of parties and witnesses and promotes the just and efficient conduct of the cases. Each transferred case is to be sent back to its original district at or before the end of those pretrial proceedings, unless it has already ended. In practice, that means your case could share pretrial work with many others before returning home.
One example is pending now. In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, Case No. 3:23-md-03084-CRB, is in the U.S. District Court for the Northern District of California before Judge Charles R. Breyer. The court's case page lists it as a multidistrict case filed October 4, 2023. The page states that it "centralizes dozens of passenger cases alleging that Uber failed to implement adequate safety precautions (e.g., background checks, training, safety measures, and complaint-response practices), resulting in passengers being sexually assaulted or harassed by Uber drivers." Its recent filings, dated into November 2026, include notices of new actions and pending defense motions, among them a renewed motion for judgment as a matter of law or, alternatively, a new trial. These are allegations in consolidated civil litigation. They are not findings of liability or wrongdoing.