Arbitration of Employment Discrimination Claims

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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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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…

Read More Employment Discrimination Claims (But Not Post-Termination Claims) Subject to Arbitration
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In Tsoflias v. Barclays Capital Inc., 2018 Ny slip Op 31184(U), 2018 WL 2971165 (N.Y. Sup. Ct. June 6, 2018), the court held that, in light of the Supreme Court’s recent decision in Epic Sys. Corp. v Lewis, plaintiff’s claims of age and gender-based discrimination were subject to an arbitration agreement, and thus granted defendant’s…

Read More Age, Gender Discrimination Claims Against Barclays Capital Subject to Binding Arbitration, Court Holds
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In Corrado v. New York State Unified Court System, 2017 WL 4534772 (2d Cir. Oct. 11, 2017), the court held that the district court properly dismissed plaintiff’s sexual harassment and retaliation claims with, as opposed to without, prejudice. After the district court dismissed several of plaintiff’s claims against the individual defendants as time-barred, plaintiff filed a…

Read More Sexual Harassment Case Properly Dismissed With, as Opposed to Without, Prejudice, Second Circuit Holds
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In a recent filing, petitioner Alexis Berger seeks confirmation under Section 9 of the Federal Arbitration Act (9 U.S.C. sec. 9) of an Arbitrator’s Award – totaling $40,925,284.20 – on her claims of gender discrimination, retaliation, unequal pay, and breach of the implied covenant of good faith and fair dealing against her former employer Kargo…

Read More Former Kargo Global Employee Alexis Berger Seeks to Enforce $40 Million Arbitration Award in Gender Discrimination Case
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In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
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In Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC…

Read More Sexual Harassment Lawsuit Dismissed Pursuant to NBC Universal’s Mediation/Arbitration Program
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In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment discrimination (race discrimination and retaliation) under Title VII of the Civil Rights Act of 1964. This decision illustrates the uphill – albeit not insurmountable –…

Read More Arbitration of Employment Discrimination Claim Compelled; Court Rejects Employee’s Claim That He Never Signed Arbitration Agreement
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