October 17, 2019
No items found.

Discrimination Lawsuit Proceeds Despite Arbitration Clause

Plaintiffs bringing a class action lawsuit against Avon for denying their rights to breast pump have been allowed to continue in court rather than in arbitration.

 Avon was unsuccessful in arguing that the claims of discrimination should be decided in an arbitration. Plaintiff Caroline Ruiz asserts that when she was hired by Avon in November, she signed an employment agreement and a mandatory arbitration clause.  After a delayed start, Ms. Ruiz requested and signed a new Employment Agreement in December, which states that the forum for legal disputes is in New York courts, and no new mandatory arbitration clause. Avon claims that the original Employment Agreement, signed in November, and the mandatory arbitration clause also signed in November, control because the only material difference between the two Employment Agreements is the start date. A federal judge ruled that, pursuant to well-established New York law, a subsequent contract regarding the same matter will supersede the prior contract. Barnum v. Millbrook Care , 850 F. Supp. 1227, 1236 (S.D.N.Y. 1994). Therefore, the December Employment Agreement supersedes the arbitration agreement signed in November, and the lawsuit against Avon continues, although class certification has not yet been decided.

The New York State Legislature recently reformed the State Human Rights Law, expanding the prohibition of mandatory arbitration clauses from sexual harassment claims (passed in 2018) to all discrimination claims. This law goes into effect on October 11, 2019, and all employment contracts drafted after that date must comply with this provision. Still, the applicability of arbitration clauses continues to be heavily litigated.

Written by Law Clerk Emily Entwistle

white line

Is the Third Stimulus the Beginning of a Guaranteed Family Income?

March 11, 2021
Gender Discrimination
Tucked into 2021’s $1.9 trillion stimulus package is a provision that could have life-changing effects for families with children: an expansion and reworking of the child tax credit. Championed solo for nearly two decades by Representative Rosa DeLauro of Connecticut, the idea to expand the child tax credit has gained a new lease on life and more admirers as the pandemic and lockdowns have had a deleterious impact on families and children.

“She-cession” Global, Not Local

March 10, 2021
Gender Discrimination
Whether it is increasing the number of hours spent working, picking up the slack in domestic life, being forced to quit to take care of children or other family, or leaving the job market entirely, women in the US have taken the brunt of the pandemic’s resulting economic crisis, so much so that it has been dubbed the first “she-cession.” The Financial Times has released a survey demonstrating that this is an issue for women internationally, not just in the United States.

Alex Berke Quoted in New York Times Article on the Pregnant Workers Fairness Act

March 5, 2021
Pregnancy Discrimination
The pandemic may be creating a path for the Pregnant Workers Fairness Act, which was first introduced in 2012 to become law. This law will help clarify and define the rights of women to receive accommodations in the workplace.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.