ECBA Partner Zoe Salzman Quoted in Law360

ECBA Partner Zoe Salzman was quoted in a Law360 article discussing the impact of a new case holding that New York’s CPLR 7515 does not prohibit arbitration of sexual harassment claims. “It’s just a fact when there’s an arbitration clause in an employment discrimination dispute, the company gets to keep that dispute out of the public eye,” Salzman said. “This may be the only decision analyzing 7515, but it’s not the only decision that reads arbitration clauses very broadly in a very pro-employer way, and in a way that greatly undermines the ability of employees to vindicate their rights and to protect other employees from future discrimination.” But Salzman noted that legal arguments can still be made in support of the statute and that public sentiment is moving away from the use of arbitration pacts. “I think there is a shift going on right now and the state legislatures are saying very strongly what I think the people of the state are saying very strongly — which is that they think those agreements are unconscionable and against public policy and they don’t want to see them,” Salzman said.

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