“New York Ban On Arbitration Of Discrimination Claims Repeatedly Struck Down As Inconsistent With Federal Law”

Kevin Leblang and Kelly Schreiber of Kramer Levin have this article in Mondaq, discussing the interplay between the Federal Arbitration Act and “Section 7515 of the New York Civil Practice Law and Rules (CPLR 7515), which invalidated pre-dispute agreements to arbitrate sexual harassment claims ‘except where inconsistent with federal law.'” Reviewing the cases addressing the issue since Section 7515’s 2018 enactment, including the recent decisions in Gilbert v. Indeed, No. 20-3826, 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021) and Crawford v. Goldman Sachs Group, Inc., No. 159731/2020 (Sup. Ct. N.Y. Cnty. Feb. 23, 2021) NYSCEF No. 26, the authors note that “[t]he weight of authority clearly and correctly holds that CPLR 7515 is preempted by the FAA.”

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