October 17, 2019
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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

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Expansion to Child Credit Slated for Inclusion in New Round of Stimulus

February 10, 2021
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If Congress’s $1.9 trillion stimulus plan becomes law, one important addition to its language will be the expansion of the child tax credit, thanks to Representative Rosa DeLauro of Connecticut.

A Personal Account of Workplace Harassment Highlights How Common the Behavior Is

February 5, 2021
Gender Discrimination
Race Discrimination
Pregnancy Discrimination
Disability Discrimination
Sexual Harassment
In fact, many of the discrimination cases we take on follow very similar outlines. An employee, even a very senior one, is intimidated, berated, and subjected to mistreatment at the hands of a manager or executive, and has trouble sorting through the proper legal response to the situation.

New Report Shows Paid Family and Sick Leave Essential for Women Remaining in the Workforce

February 1, 2021
Paid Family Leave
Pregnancy Discrimination
A recent report from the Paid Leave for the US (PL+US), one of the leading campaigns to deliver federal-level paid family and medical leave has important findings about issues near to our hearts and our practice.

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