EEOC Arbitration

It is becoming increasingly common for employers to include arbitration clauses in employment agreements. The result is that in many cases, an employee must engage in the arbitration process, and the complex procedures it entails, before taking any legal action against his or her employer in the courts.

Given the prevalence of arbitration requirements in the employment context today, it is critical that you seek the assistance of an experienced New York employment arbitration lawyer if you are considering legal action against your employer for employment discrimination.

What is Arbitration?

Arbitration, like mediation, is a process in which parties submit their dispute to a neutral third party, or “arbitrator,” for resolution. Each side follows the relevant guidelines in order to present its evidence, and parties are entitled to be represented by attorneys.

The arbitrator gives each party notice of when a hearing will be held, and during the hearing, each party can present evidence and cross-examine witnesses, and the arbitrator issues a ruling. Under New York Law, the arbitrator has the power to reach a decision based on the evidence presented even if one of the notified parties does not appear at the hearing.

What makes arbitration distinct from mediation is that the decision reached by the arbitrator is typically binding, enforceable in New York state court, and in some cases may not be appealed.

An arbitration clause in an employment contract generally sets forth the details regarding how an arbitrator will be chosen, in what jurisdiction the arbitration will take place, and whether the decision reached in arbitration will be binding or not. Failure to comply with an arbitration clause prior to filing a lawsuit can result in the claim being prematurely dismissed.

Due to the complexity of these procedures, and the requirements of the EEOC filing process described below, it is imperative that you hire an attorney familiar not only with the underlying substantive law but also with the arbitration process and its various requirements. The attorneys at Phillips & Associates are intimately familiar with arbitration and its relationship to employment discrimination cases.

Arbitration and EEOC Filing Requirements

Employment discrimination suits often fall under the Equal Employment Opportunity Commission’s (EEOC) jurisdiction. Specifically, most employers who have at least 15 employees, or in the case of age discrimination 20 employees, are covered by the EEOC’s anti-discrimination laws. The laws apply to discrimination in all sorts of employment contexts, including in hiring, firing, promotions, wages, and benefits. Therefore, in order to bring a discrimination, a claim against an employer under federal law, in many cases the employee must first file a claim with the EEOC.

After you file a claim with the EEOC, they will make a decision as to how they will proceed. This can lead to the agency further investigating the company, dismissing the charge, or filing suit against your employer. The EEOC may also provide you with a Notice of Right to Sue, which means that while the agency itself will not file a lawsuit on your behalf, you can do so on your own.

If the EEOC does not have jurisdiction, or if the EEOC believes that your charge is untimely, it will close your case. If your claim is dismissed, you will be notified.

Further, even if an employee is a party to an arbitration agreement with his or her employer that prevents the pursuit of litigation, the EEOC possesses the independent authority to bring discrimination claims against the employer in court, unrestrained by the employee’s arbitration agreement.

Our employment attorneys understand this process and have successfully represented numerous victims of employment discrimination across New York throughout the EEOC filing stage, in arbitration, and in the courts.