In July 2022, the plaintiff filed a lawsuit against several defendants alleging employment discrimination in violation of the New York State Human Rights Law.
After the defendants argued that the plaintiff's claims were subject to arbitration based on an a written agreement between the parties, the Westchester County Supreme Court granted the defendants' motion to compel arbitration and stay the action pending arbitration. The plaintiff appealed the decision.
On its review, the Appellate Division, Second Department, affirmed the order, noting that the plaintiff was bound by the arbitration clause as she had knowingly exploited the benefits of the agreement.
The AD2 also found that the defendants did not waive their right to arbitration by participating in the state court action.
Consequently, the plaintiff's claims will be resolved through arbitration rather than litigation.
Now that was pretty discriminating, no?
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DECISION