News & Analysis as of

Employment Discrimination Retaliation Arbitration Agreements

Fisher Phillips

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

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A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S....more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

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Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more

Carlton Fields

Ninth Circuit Affirms District Court Order Granting Motion to Compel Arbitration of Discrimination Claims

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In Jackson v. Applied Materials Corp., the Ninth Circuit Court of Appeals affirmed a district court order granting a motion to compel arbitration of the plaintiff’s discrimination and retaliation claims, finding the...more

Carlton Fields

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

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In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Jackson Lewis P.C.

FAA Preempts New Jersey’s Implied Restriction On Use Of Arbitration Agreements, Court Finds

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To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Carlton Fields

NDNY Finds Party Waived Right to Pursue Employment-Related Claims and Confirms Arbitration Award

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The plaintiff voluntarily signed an employment agreement that provided that any and all employment-related disputes arising out of the plaintiff’s employment would be subject to confidential arbitration. Following his...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Takes on the Arbitration of Harassment and Discrimination Claims

Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement. As we previously reported, on March...more

Carlton Fields

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be...

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The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

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On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

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Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Constangy, Brooks, Smith & Prophete, LLP

NJ Ban On Nondisclosure Agreements: What Does It Mean For Employers?

New Jersey Governor Phil Murphy (D) signed into law last month legislation that bans nondisclosure agreements in cases alleging discrimination, retaliation, or harassment. More precisely, what the law does is say that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Bars Nondisclosure Agreements in All Discrimination Settlements, Purports to Bar Arbitration Agreements

On March 18, 2019, Governor Phil Murphy signed into law Senate Bill 121 (S121), which amends the New Jersey Law Against Discrimination (NJLAD) in two important respects, effective immediately. First, the law provides that...more

Proskauer - Whistleblower Defense

California Federal Court Stays SOX Claim Pending Arbitration of Related Claims

On December 21, 2018, the U.S. District Court for the Northern District of California stayed a plaintiff’s whistleblower retaliation claim under SOX (which was not subject to mandatory arbitration) while granting a motion...more

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

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On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more

Fisher Phillips

Upcoming SCOTUS Term Promises To Be A Blockbuster

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If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

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