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Court denies ICANN’s #MeToo “cover up” attempt

Kevin Murphy, June 3, 2025, 05:13:28 (UTC), Domain Policy

A Los Angeles court has ruled against ICANN’s attempt to have a former employee’s sexual harassment lawsuit against it thrown out, which the plaintiff claims was an attempt to “silence” her.

Tanzanica King, one of ICANN’s longest-serving employees, sued ICANN last August, claiming that had been repeatedly sexually harassed by her superior and others, as well as being paid less than male counterparts and passed over for promotions.

She was ultimately let go in ICANN’s round of layoffs last year. King, who has given her consent to be named in this reporting, claims that she was fired for becoming a whistleblower.

ICANN’s response to the suit was to point out that King’s employment contract, signed in 2002, requires her to take all disagreements to arbitration, rather than the courts, so the case should be dismissed.

But a US Federal law signed onto the statute books in 2023 in the wake of the #MeToo movement — the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) — says that employees cannot be forced into arbitration.

ICANN argued, according to the court’s ruling (pdf) that the EFAA did not apply and local California state arbitration law should apply instead, but the judge disagreed.

The Superior Court in LA last week ruled, following precedent from Casey v. Superior Court last year:

The EFAA prohibits enforcing arbitration agreements against persons who allege sexual harassment… The EFAA applies to any dispute arising or accruing on or after the enactment of the act, May 2022

King’s lawyer, Jonathan Delshad, said in a statement:

ICANN tried to silence Ms. King and suppress the truth behind the secret walls of arbitration. This ruling affirms her right to tell her story in a public forum so that all can see what ICANN did to her. The Court’s decision makes clear that companies cannot use California law to escape accountability for sexual harassment and retaliation and make an end around the EFAA.

A trial date in July 2027 (not a typo) has been set.

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