Arbitration – Page 5 – Pospis Law, PLLC

February 22, 2019 by mjpospis

Employment Discrimination Claims (But Not Post-Termination Claims) Subject to Arbitration

From Gallagher v. Pepe Auto Group et al, 18-cv-3433, 2019 WL 801955 (SDNy Feb. 21, 2019): Here, the arbitration agreement, which provides, “Any dispute under this Agreement shall be resolved by binding arbitration,” is broad. Therefore, there is a presumption of arbitrability regarding plaintiff’s claims that arise under the Employment Agreement. Those claims include plaintiff’s…

Companies to End Forced Arbitration of Sexual Harassment Claims

Facebook will be ending forced arbitration for sexual harassment claims; Google will be doing the same. This, from the victims’ perspective, is a good thing, as it permits them access to a wider range of options and remedies should they elect to proceed with their claims. What is Arbitration?[1]The full scope of the law of arbitration…

Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to Arbitration

In Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…