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Discrimination › Federal Arbitration Act

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Hinshaw & Culbertson - Employment Law...

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

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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

Bressler, Amery & Ross, P.C.

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

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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

Constangy, Brooks, Smith & Prophete, LLP

#MeToo arbitration bill passes Senate

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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

Jackson Lewis P.C.

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

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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

Cole Schotz

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

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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

Cole Schotz

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

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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 Best & Krieger LLP

Best in Law: New 2020 Laws for Employers

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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

Genova Burns LLC

#MeToo and its Effect on Sexual Harassment Agreements

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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

Ervin Cohen & Jessup LLP

California Close to Banning Employment Arbitration Agreements

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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

Seyfarth Shaw LLP

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

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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

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

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Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Proskauer - California Employment Law

California Legislature Targets Employment Arbitration Agreements

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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

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

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Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

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U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Patterson Belknap Webb & Tyler LLP

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

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Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Upholds Enforceability of Arbitration Agreements that Bar Title VII Class Actions, Finding that there is no...

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On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude...more

Fenwick & West LLP

Fenwick Employment Brief - December 2012

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In This Issue: - FEATURE ARTICLES Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and Honest Belief Inadequate Defense In CFRA Interference Claim. - NEWS BITES Class Action...more

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