NJ Court Rules That Retaliation Case Against Against NY Jets President Is Exempt From Arbitration

On November 14, 2025, the New Jersey Superior Court ruled that Ms. Elaine Chen can proceed in court with her discrimination and retaliation claims pursuant to the New Jersey Law Against Discrimination (“NJLAD”) against the NY Jets. Ms. Chen worked as the Vice President of Finance for the Jets for approximately fifteen years until she was terminated for alleged misconduct. Ms. Chen filed suit, alleging that she was terminated because she cooperated with an investigation into whether NY Jets President Hymie Elhai sent inappropriate text messages to female employees. The NY Jets moved to compel arbitration stating that Ms. Chen’s claims were barred from being heard in court.

The New Jersey Superior Court held that Ms. Chen’s matter was exempt from arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment (“EFAA”), a federal law that bars the arbitration of “any case” related to a “sexual harassment dispute.” The Court found that Ms. Chen alleged that she was retaliated against because of her participation in a sexual harassment investigation, and thus, her claims fell within the protections of the EFAA.

The EFAA was passed in response to the #MeToo movement, as advocates alleged that sexual harassment and assault victims were being silenced by arbitration and non-disclosure agreements. The Court’s ruling reaffirms that the EFAA permits victims to speak out, and vindicate their rights in a courtroom.