Arbitration

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In Famuyide v. Chipotle Mexican Grill, Inc. et al, 2023 WL 5651915, (D.Minn. August 31, 2023), the court, applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), denied the defendant’s motion to compel arbitration. That statute provides, in pertinent part: Notwithstanding any other provision of this title, at the…

Read More Court Denies Chipotle’s Motion to Compel Arbitration of Sexual Harassment Claim; Dispute Arose After “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Barbara Delo v. Paul Taylor Dance Foundation, No. 22-cv-9416 (RA), 2023 WL 4883337 (S.D.N.Y. Aug. 1, 2023), the court denied the defendant’s motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As part of its analysis, the court held that plaintiff plausibly alleged sexual harassment…

Read More Applying Recent Law, Court Denies Motion to Compel Arbitration in Sexual Harassment Lawsuit Against Paul Taylor Dance Foundation
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In Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…

Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court Holds
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In Walters v. Starbucks Corp. et al, 2022 WL 3684901 (S.D.N.Y. Aug. 25, 2022), the court held that the plaintiff’s sexual harassment claim was subject to mandatory arbitration. The court explained: Walters argues that federal law prohibits, rather than requires, the enforcement of the Arbitration Agreement. Under the Ending Forced Arbitration of Sexual Assault and…

Read More Sexual Harassment Claims Against Starbucks Must Be Arbitrated, Court Holds
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In Steinberg v. Capgemini America, Inc., 2022 WL 3371323 (E.D.Pa. Aug. 16, 2022), the court granted defendant’s motion to compel arbitration and dismiss plaintiff’s complaint alleging sexual harassment, in light of an arbitration agreement between the parties. The crux of the parties’ dispute was the applicability of the Ending Forced Arbitration of Sexual Assault and…

Read More Sexual Harassment Claims Against Capgemini Must Be Resolved in Arbitration; Arbitration-Limiting Statute Inapplicable
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In a resounding win for employees, Congress passed (with bipartisan support) the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021“, which bars the use of forced arbitration to address sexual assault and harassment claims in the workplace. The legislation passed the House on February 7, 2022, and the Senate on February…

Read More Congress Passes Bill to End Forced Arbitration in Cases of Sexual Assault and Sexual Harassment
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On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In Govender v. Brooklyn Immunotherapeutics LLC, No. 650847/2021, 2021 WL 5234682 (N.Y. Sup Ct, NY Cty. Nov. 09, 2021), an employment discrimination case, the court granted defendant’s motion to compel arbitration and to stay the action. From the decision: Plaintiff’s affirmation highlights that the arbitration clause is void under CPLR 7515 as it would require…

Read More Employment Discrimination Arbitration Agreement Not Subject to Invalidation on the Ground of Prohibitive Cost
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