Arbitration

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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
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In Palmer v. Starbucks Corporation et al, 23 Civ. 6951 (JPC), 2024 WL 2779032 (S.D.N.Y. May 28, 2024), the court granted defendants’ motion to compel arbitration of plaintiff’s discrimination and hostile work environment claims and stayed the action pending arbitration. From the decision: Palmer has failed to show a genuine issue of material fact to…

Read More Court Grants Starbucks’ Motion to Compel Arbitration of Employment Discrimination Claims
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In Patel v Macy’s Inc., No. 2022-05009, 2326, 650755/22, 2024 N.Y. Slip Op. 02782, 2024 WL 2279130 (N.Y.A.D. 1 Dept., May 21, 2024), the Appellate Division, First Department affirmed the lower court’s order denying the petitioner’s petition to vacate an arbitration award and granted respondents’ counterclaim to confirm the award. This decision is instructive on…

Read More Arbitration Award, Dismissing Retaliation Claim, Affirmed, Notwithstanding Omission of “Cat’s Paw” Discrimination Theory
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In Kim v. Evergreen Adult Day Care in NY Inc., 22-CV-548 (AMD) (CLP), 2024 WL 989909 (E.D.N.Y. March 6, 2024), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination and hostile work environment claims. This decision illustrates the uphill battle faced by a plaintiff-employee seeking to avoid an arbitration agreement on the…

Read More Court Grants Motion to Compel Arbitration of Discrimination Claims, Notwithstanding Alleged Language Barrier
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Cornelius v. CVS Pharmacy, Inc., Civil Action No. 23-01858 (SDW) (AME), 2023 WL 6876925 (D.N.J. October 18, 2023), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not excuse plaintiff’s claims from arbitration in the first instance. This decision illustrates, among other…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) Did Not Bar Arbitration; Sex Discrimination, But Not Sexual Harassment, Not Alleged
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In Bailey v. A Place For Rover et al, 2023 WL 7167580 (E.D.Pa. Oct. 31, 2023), the court considered whether the relatively recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) operated to render the defendant’s arbitration agreement unenforceable. In sum, the EFAA renders unenforceable a “predispute arbitration agreement … with…

Read More Human Trafficking Allegations Did Not Constitute a “Sexual Harassment Dispute”, Deeming EFAA Inapplicable and Not Barring Enforcement of Arbitration Agreement
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In Cruz v. Nusret New York LLC, No. 157935/2021, 2023 WL 6126229, at *1 (N.Y. Sup Ct, New York County Aug. 29, 2023) – a case in which plaintiff asserts causes of action for gender and nationality-based discrimination, hostile work environment, and retaliation in violation of the New York State and New York City Human…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Granted; Absence of Signed Agreement Not Dispositive
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