Discrimination, Arbitration

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

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

Littler on 4/5/2024

In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

2023 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on 10/24/2023

With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...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

The Law Commission's Proposed Revisions to the Arbitration Act 1996

Vinson & Elkins LLP on 10/25/2022

On 22 September 2022, the Law Commission of England and Wales (the “Commission”) published its Consultation Paper (the “Consultation Paper”) detailing a suite of proposed revisions to the Arbitration Act 1996 (the “Act”)....more

UK launches review of the Arbitration Act 1996 to ensure a ‘state of the art’ system

King & Spalding on 10/3/2022

Last week, the Law Commission published a consultation paper regarding the Arbitration Act 1996 (the “Act”), which is the key piece of legislation that regulates arbitration in England and Wales. The consultation paper starts...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

#MeToo arbitration bill passes Senate

Constangy, Brooks, Smith & Prophete, LLP on 2/11/2022

And on to President Biden, who is expected to sign. Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...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

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

Class Action & MDL Roundup – Fall 2020

Alston & Bird on 1/29/2021

Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least...more

Second Federal Judge Refuses To Apply CPLR 7515’s Ban 0n Arbitration Of Discrimination Claims

Cole Schotz on 6/16/2020

New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.” Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District...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

#MeToo and its Effect on Sexual Harassment Agreements

Genova Burns LLC on 2/14/2019

Following the passage of similar laws in New York and California, a bill in the New Jersey State Legislature which bars nondisclosure clauses in workplace harassment settlement agreements is on Governor Murphy’s desk, with...more

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

Genova Burns LLC on 12/19/2018

A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...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

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

And Now The Bad News: Avalanche of California Bills Continues to Advance

Fisher Phillips on 6/1/2018

As we discussed in our last blog post, California employers received some rare good news in recent days. Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

EEOC Issues Federal Workforce Report for 2015

U.S. Equal Employment Opportunity Commission... on 5/15/2018

Small Gains Made in Diversity, Discrimination Complaint Filings Rise Slightly - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released its 2015 Annual Report on the Federal Workforce, showing...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

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