Discrimination, Arbitration Agreements

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

Hinshaw & Culbertson - Employment Law... on 9/18/2024

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Ninth Circuit Affirms District Court Order Denying Motion to Compel Arbitration of Discrimination Claims

Carlton Fields on 9/13/2023

In Perez v. Discover Bank, the Ninth Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of the plaintiff’s discrimination claims, finding that the mandatory arbitration provisions...more

The English Arbitration Act Consultation Paper: A BVI Lens

Conyers on 1/4/2023

On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Court Determines Federal Arbitration Act No Longer Preempts New Jersey Law Preventing Mandatory Arbitration in Sexual Harassment...

Bressler, Amery & Ross, P.C. on 7/8/2022

On May 25, 2022, the Essex County Superior Court in Sellino v. Galiher, et al., ESX-L-8519-21 (N.J. Super. Ct. May 25, 2022) denied the defendants’ motion to compel arbitration in a sexual harassment case, determining that...more

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2021

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

FAA Preempts New Jersey’s Implied Restriction On Use Of Arbitration Agreements, Court Finds

Jackson Lewis P.C. on 4/7/2021

To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is...more

District Of New Jersey Rules That New Jersey Ban On Employment Arbitration Agreements Is Preempted By The Federal Arbitration Act

Cole Schotz on 4/1/2021

In a decision rendered March 25, 2021, United States District Court Judge Anne E. Thompson barred the State of New Jersey from enforcing a recently enacted statutory provision that precluded employers from requiring workers...more

Employer’s Signature May Not Be Essential to Enforceability of Arbitration Agreement

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2020

The Court of Appeals for the First District of Texas recently held that the absence of the employer’s signature from an arbitration agreement did not render that agreement unenforceable. SK Plymouth, LLC v. Simmons, No....more

Best in Law: New 2020 Laws for Employers

Best Best & Krieger LLP on 2/6/2020

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

[Webinar] Law Firms Under Siege: Protecting Your Firm From Employment-Related Claims - October 30th, 12:30pm ET

Jackson Lewis P.C. on 10/15/2018

Every week, it seems, we read about another law firm being sued for discrimination, pay inequality, and other employment-related issues. In this webinar, we will discuss specific measures to better protect your firm and its...more

No Roman Holiday: New Jersey Appellate Division Says Employees Must Submit Sexual-Harassment and Discrimination Claims to...

Genova Burns LLC on 9/13/2018

August 23, 2018 was a busy day for the New Jersey Appellate Division on the arbitration front when it issued two opinions effectively upholding the enforceability of arbitration agreements. Both cases involved...more

California Close to Banning Employment Arbitration Agreements

Ervin Cohen & Jessup LLP on 8/28/2018

The California Legislature is poised to dispense with a cost-effective and expedient method of resolving employment disputes. Specifically, Assembly Bill 3080 seeks to prohibit any person or business from conditioning...more

Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid

Carlton Fields on 7/3/2018

This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more

Commission Overrules Xu v. Epic Systems, Finds Valid Arbitration Agreement or Waiver Bars Prosecution of WFEA Claims Before ERD

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/14/2018

In Ionetz v. Menard, Inc., the Wisconsin Labor and Industry Review Commission overruled its previous and highly controversial decision Xu v. Epic Systems, Inc.. In Xu, the commission held that an employee cannot waive his...more

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

Carlton Fields on 5/1/2018

The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

Seyfarth Shaw LLP on 4/24/2017

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

Proskauer - New Media & Technology on 11/22/2016

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

N.J. Employers No Longer Able To Shrink Lawsuit Time Limits - Supreme Court Hands Loss To Employers – But Is There A Hidden...

Fisher Phillips on 6/17/2016

The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more

California Enacts a Raft of New Employment Legislation

Proskauer - California Employment Law on 10/21/2015

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2015

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

California Legislature Targets Employment Arbitration Agreements

Proskauer - California Employment Law on 8/26/2015

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold...more

Missouri Appellate Court Enforces Delegation Clause, Holds Arbitrator Has Authority to Decide Whether Claims Are Arbitrable

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2015

This year, Missouri courts have issued several decisions interpreting arbitration agreements between employers and employees. While some of these agreements have been enforced, others have been struck down. The Missouri Court...more

Discrimination › Arbitration Agreements