37 results for 'cat:"Arbitration" AND cat:"Employment Discrimination"'.
J. Broderick grants the information technology company's sole managing partner's motion to compel arbitration in the principal business consultant's lawsuit accusing the managing partner of discouraging other partners and supervisors from assigning the consultant to projects, and later firing her because she is Black. The consultant's claims fall under the arbitration provision of her contract with the information technology company and it does not matter that there is not an arbitration provision between the principal business consultant and the managing partner individually.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: September 9, 2024, Case #: 1:22cv7183, NOS: Employment - Civil Rights, Categories: arbitration, Employment, employment Discrimination
J. Hanks partially grants an employer’s motion to compel a former employee to arbitration for their employment discrimination claims. The two parties had a valid and enforceable arbitration agreement in the employment contract. Even though the employee has trouble reading and writing in English or in any language due to his myopia, his difficulties were not harsh enough to prevent him from understanding the contract. Moreover, the employee could have sought out someone to read it for him, but he chose not to. However, the court denies the employer’s motion to dismiss the claim entirely, instead placing a stay on the proceedings pending arbitration.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: August 27, 2024, Case #: 4:23cv4592, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: arbitration, Civil Procedure, employment Discrimination
J. Marbley denies the employer's motion to compel arbitration, ruling that while the arbitration clause in the female employee's contract is valid, her allegations of sexual harassment and sex discrimination allows her to forego arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 19, 2024, Case #: 2:24cv377, NOS: Family and Medical Leave Act - Labor, Categories: arbitration, Civil Procedure, employment Discrimination
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J. Harris finds that the lower court properly denied the hospital's motion to compel arbitration on the nurse applicant's complaint alleging that she was denied employment based on a discriminatory physical agility test. When the nurse applied in 2016, she manually clicked yes on an arbitration agreement. When the nurse reapplied in 2020, the online application preloaded all of her information from the 2016 application and made it less obvious to what the user was agreeing. A user who can conduct her business on one screen of a website is not presumed to have notice of content that would become visible only if the user took further action, like scrolling down to see additional screens. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 13, 2024, Case #: 22-2010, Categories: arbitration, employment Discrimination, Class Action
J. Robinson finds that the district court properly declined to compel arbitration over state and federal claims alleging gender-based hostile work environment and retaliation. Arbitration had been granted in keeping with the employment contract but was vacated on reconsideration based on the continuing violation doctrine because her claims accrued following the effective date of new litigation ending forced arbitration in sexual assault and harassment actions. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 12, 2024, Case #: 23-658-cv, Categories: arbitration, Civil Procedure, employment Discrimination
J. Moore finds the lower court properly found it was precluded from analyzing the pilots' discrimination claims related to the employer's Covid-19 vaccine mandate. The accommodations requested by the pilots would require interpretation of the parties' collective bargaining agreement and, therefore, must first proceed through arbitration. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: July 9, 2024, Case #: 23-1703, Categories: arbitration, employment Discrimination, Labor / Unions
J. Cronan grants Starbucks' motion to compel arbitration in an employment discrimination and retaliation suit filed by a barista. The barista claims he does not recall signing the arbitration agreement, but that is insufficient to create a genuine dispute of material fact as to whether he signed the document, particularly given that he admits to filling out electronic paperwork when he was hired.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 28, 2024, Case #: 1:23cv6951, NOS: Employment - Civil Rights, Categories: arbitration, employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that the lower court properly declined to vacate an arbitration award granted for employment discrimination and retaliation under the Federal Arbitration Act. The arbitrator clearly analyzed the evidence in a detailed and typical way and was not required to address every possible theory of discrimination. The retaliation claim comes down to credibility determinations that should generally not be reviewed on appeal. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 21, 2024, Case #: 02788, Categories: arbitration, employment Discrimination, Employment Retaliation
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: arbitration, employment Discrimination, Employment Retaliation
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: arbitration, Civil Procedure, employment Discrimination
J. Leeson grants a manufacturer’s motion to compel arbitration against a former employee alleging race discrimination. The contract the plaintiff entered into upon starting employment, which agreed to arbitrate such matters, is valid and enforceable.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 19, 2024, Case #: 5:23cv2622, NOS: Employment - Civil Rights, Categories: arbitration, Employment, employment Discrimination
J. Leeson grants a staffing agency’s motion to compel arbitration with a former employee, a trans man, alleging he was not called back into a warehouse staffing role due to gender-identity discrimination. The employee signed an agreement agreeing to arbitrate all employment disputes arising from their business dealings with the company.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 5, 2024, Case #: 5:23cv2741, NOS: Employment - Civil Rights, Categories: arbitration, Employment, employment Discrimination