Motion to Compel Arbitration Granted

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In Mahn v. Lawrence N. Mullman et al, Index No. 952263/23, Case No. 2024–03039, 2025 WL 408690 (N.Y.A.D. 1 Dept. Feb. 6, 2025), the Appellate Division, First Department, affirmed a lower court’s determination that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not invalidate the parties’ arbitration agreement.…

Read More Sexual Assault-Related Claims Subject to Arbitration and Not Barred by EFAA, Court Holds
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In Urban v. 35 East 19th Street Medicine, P.C., No. 151191/2024, 2024 WL 5248282 (N.Y. Sup Ct, New York County Dec. 20, 2024), a gender/pregnancy discrimination case, the court granted the defendant’s motion to compel arbitration. From the decision: New York public policy favors enforcement of contracts for arbitration (Cooper v Bruckner, 21 A.D.3d 758…

Read More Court Grants Defendant’s Motion to Compel Arbitration of Gender/Pregnancy Discrimination Claims
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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 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 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 Edwards v. CVS Health Corporation, 1:23-cv-04340 (CM), 2024 WL 308093 (S.D.N.Y. Jan. 25, 2024), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim asserted under the NYC Human Rights Law. In sum, the court held that the Ending Forced Arbitration of Sexual Harassment Act (EFAA) did…

Read More Court, as “No Brainer”, Compels Arbitration of Sex-Based Hostile Work Environment Claim
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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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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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