Federal Arbitration Act 9 USC § 1 et seq (FAA)

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In O’Sullivan et al v. Jacaranda Club, LLC et al, No. 1779, 2023-04923, 2024 WL 847860 (N.Y.A.D. 1 Dept., Feb. 29, 2024), the court affirmed the lower court’s decision granting defendant’s motion to compel arbitration of their sexual harassment and other claims. From the decision: Asserting claims under New York State and City Human Rights…

Read More Sexual Harassment Claims Subject to Arbitration Agreement; EFAA Inapplicable, Court Rules
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In Faith v. Dara Khosrowshahi, Uber Technologies, Inc., et al, 2023 WL 5278126 (E.D.N.Y. August 16, 2023), the court (albeit in a footnote) provides guidance on the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The court explained, in sum, that the EFAA only applies to sexual…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Held Inapplicable to Non-Sexual Harassment/Assault Employment Discrimination Claims
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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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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 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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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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In Lee v. Engel Burman Grande Care at Jericho, LLC, et al, 20-CV-3093, 2021 WL 3725986 (E.D.N.Y. Aug. 23, 2021), the court granted defendants’ motion to compel arbitration of plaintiff’s sexual harassment claims, and stayed the action pending the outcome of arbitration. Specifically, the court rejected plaintiff’s arguments seeking to avoid arbitration on the grounds…

Read More Sexual Harassment Claims Stayed Pending Arbitration
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In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…

Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not Required
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In White v. WeWork Companies, Inc., 20-cv-1800, 2020 WL 3099969 (S.D.N.Y. June 11, 2020), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s discrimination claims. In reaching this determination, the court considered the application of the relatively recently-enacted Section 7515 of the New York Civil Practice Law and Rules, which (among other…

Read More Court Finds Employment Discrimination Claims Must Be Arbitrated, Notwithstanding CPLR 7515
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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