Erica Herman has accused former boyfriend, Tiger Woods, of sexual harassment and forcing her to sign a non-disclosure agreement. According to the court document that was filed in May, Woods made her sign the NDA and if she didn’t sign it her employment would be terminated. Tiger Woods met Erica Herman at his Florida restaurant, The Woods Jupiter, where she was an employee. Their relationship began in 2017 when Woods pursued a sexual relationship with her. The couple separated in 2022, when he became unsatisfied with their relationship. Woods had convinced Herman to go on a spontaneous weekend trip with him, which was normal for them, and she brought a limited number of items in her bag. Once she arrived at the airport, she was welcomed by Woods’ attorney who let Herman know she had been locked out of the house and would not be able to go back for her belongings, money, or pets. Then, he tried to force her to sign another NDA, but she denied.
“Tiger Woods, the internationally renowned athlete and one of the most powerful figures in global sports, decided to pursue a sexual relationship with his employee, then – according to him – forced her to sign an NDA about it or else be fired from her job. And, when he became disgruntled with their sexual relationship, he tricked her into leaving her home, locked her out, took her cash, pets, and personal possessions, and tried to strong-arm her into signing a different NDA” stated Herman’s attorney.
Ms. Herman’s attorney stated “Mr. Woods was Ms. Herman’s boss. On his own portrayal of events, he imposed an NDA on her as a condition to keep her job when she began having a sexual relationship with him. A boss imposing different work conditions on his employee because of their sexual relationship is sexual harassment.” Herman filed the lawsuit in October, claiming that an oral agreement they had agreed upon was being violated. Woods had agreed to let Herman stay at his South Florida residence for five more years. She stated that she was locked out of the house and claimed $30 million in damages.
Woods legal team asserted that any disputes between the two parties would need to be resolved in confidential arbitration rather than a public court. But, this is a sexual harassment dispute. Since March 2022, a new federal law prohibits forcing employees into arbitration who bring claims of sexual harassment. This law was passed by Congress and Biden administration entitled—Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”).
The EFAA provides that “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.” 9 U.S.C. § 402(a).