Legislation

Search OpenLegislation Statutes

This entry was published on 2019-10-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 7515
Mandatory arbitration clauses; prohibited
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75
§ 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As
used in this section:

1. The term "employer" shall have the same meaning as provided in
subdivision five of section two hundred ninety-two of the executive law.

2. The term "prohibited clause" shall mean any clause or provision in
any contract which requires as a condition of the enforcement of the
contract or obtaining remedies under the contract that the parties
submit to mandatory arbitration to resolve any allegation or claim of
discrimination, in violation of laws prohibiting discrimination,
including but not limited to, article fifteen of the executive law.

3. The term "mandatory arbitration clause" shall mean a term or
provision contained in a written contract which requires the parties to
such contract to submit any matter thereafter arising under such
contract to arbitration prior to the commencement of any legal action to
enforce the provisions of such contract and which also further provides
language to the effect that the facts found or determination made by the
arbitrator or panel of arbitrators in its application to a party
alleging discrimination, in violation of laws prohibiting
discrimination, including but not limited to, article fifteen of the
executive law shall be final and not subject to independent court
review.

4. The term "arbitration" shall mean the use of a decision making
forum conducted by an arbitrator or panel of arbitrators within the
meaning and subject to the provisions of article seventy-five of the
civil practice law and rules.

(b) (i) Prohibition. Except where inconsistent with federal law, no
written contract, entered into on or after the effective date of this
section shall contain a prohibited clause as defined in paragraph two of
subdivision (a) of this section.

(ii) Exceptions. Nothing contained in this section shall be construed
to impair or prohibit an employer from incorporating a non-prohibited
clause or other mandatory arbitration provision within such contract,
that the parties agree upon.

(iii) Mandatory arbitration clause null and void. Except where
inconsistent with federal law, the provisions of such prohibited clause
as defined in paragraph two of subdivision (a) of this section shall be
null and void. The inclusion of such clause in a written contract shall
not serve to impair the enforceability of any other provision of such
contract.

(c) Where there is a conflict between any collective bargaining
agreement and this section, such agreement shall be controlling.