Arbitration

In a recent case, Matter of Arbitration between New York Office for People With Developmental Disabilities, No. 531029, 2021 N.Y. Slip Op. 02579, 2021 WL 1676979 (N.Y.A.D. 3 Dept. Apr. 29, 2021), the court upheld the lower court’s decision to vacate an arbitration award imposing, against an accused sexual harasser, a penalty the court deemed…

Read More Sexual Harassment Arbitration Non-Termination Penalty Violated Public Policy
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In Cephus v. Normakamali, Inc., No. 156176/2020, 2021 WL 1345362 (N.Y. Sup Ct, New York County Apr. 08, 2021), an employment discrimination and retaliation case, the court granted defendant’s motion to compel arbitration. From the decision: In this case, Cephus’ proposed employment discrimination and retaliation claims are subject to arbitration because the provision at issue…

Read More Employment Discrimination and Retaliation Claims Subject to (Unsigned-by-Employer) Arbitration Agreement
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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In Rollag v. Cowen Inc. et al, 2021 WL 807210 (S.D.N.Y. March 3, 2021) – in which the plaintiff alleges that defendants discriminated and retaliated against him in violation of the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq., Section 806 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, and…

Read More Arbitration Compelled in Employment Discrimination Case; FAA Held to “Displace” CPLR 7515 Here
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In Crawford v. The Goldman Sachs Group, Inc., et al.; Index No. 159731/2020 (Feb. 23, 2021), an employment discrimination/retaliation case, New York Supreme Court Justice Paul Goetz issued a (relatively terse) order granting defendants’ motion to compel arbitration, reasoning that “the claims fall within the scope of the arbitration clause and are not barred by…

Read More Discrimination Claims Must Be Arbitrated Against Goldman Sachs, Court Rules
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In Denson v. Donald J. Trump for President, Inc., No. 101616/2017, 2021 WL 256624 (N.Y. Sup Ct, New York County Jan. 11, 2021), the court, inter alia, granted plaintiff’s motion to amend her complaint to add a claim for retaliation arising from defendants’ commencement of an arbitration proceeding in response to her lawsuit alleging a…

Read More Sex-Discrimination Plaintiff May Amend Complaint to Assert Arbitration-Related Retaliation Claim Against Trump Campaign
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In Gilbert v. Indeed, Inc., et al., 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, granted defendant Indeed’s motion to compel arbitration of plaintiff’s sexual harassment claims. Plaintiff’s complaint contains allegations of horrific sexual harassment, including rape. In addressing the enforceability, under New York law, of an agreement to arbitrate statutory discrimination…

Read More Court Compels Arbitration of Sexual Harassment Claims Against Indeed
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In Altman v. Salem Media of N.Y., LLC, 2020 NY Slip Op 06697 (App. Div. 1st Dept. Nov. 17, 2020), a discrimination/sexual harassment case, the court unanimously affirmed the lower court’s decision granting defendants’ motion to compel arbitration. This case turns on the application of New York Civil Practice Law and Rules 7515, which (in…

Read More Arbitration Compelled in Sexual Harassment Case; Employment Agreement Predated CPLR 7515’s Enactment
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In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
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In Fuller v. UBER Technologies Inc., No. 150289/2020, 2020 WL 5801063 (N.Y. Sup Ct, New York County Sep. 25, 2020), the court held that plaintiff’s claims of sexual harassment were subject to arbitration. From the decision: Plaintiff’s primary argument for avoiding arbitration is that his dispute resolution agreement with Apex has a carve out for…

Read More Sexual Harassment Claims Against Uber Technologies et al Subject to Arbitration, Court Holds
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