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EEOC Arbitration

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.

What to Do if You’ve Been a Victim of Unlawful Employment Discrimination

If you have been the victim of unlawful discrimination in the workplace, you should consult the skilled New York EEOC representation lawyers of Phillips & Associates today. We have a long track record of successful outcomes and satisfied clients. Our hardworking attorneys are dedicated to helping you receive the compensation you deserve.

We work on a contingency fee basis, meaning that we do not get paid any fees until we secure a recovery for you. Initial consultations are always free and confidential. Fill out our online Contact Us form today or call (866) 229-9441 in order to meet with us and discuss your potential claim.

Discrimination Lawyer Success

  • $1.8 Million Race Discrimination

    Jesse S. Weinstein and Gregory W. Kirschenbaum successfully obtained a $1,800,000 unanimous jury verdict in the Southern District of New York on behalf of Plaintiff, John Pardovani. The verdict consisted of $800,000 in compensatory damages and $1,000,000 in punitive damages.

  • $280 Thousand Race Discrimination

    In a race discrimination case, a federal jury in New York found that use of the N-word in the workplace is never acceptable, even when used between black coworkers.

  • $2.2 Million Race Discrimination & Retaliation

    Greg Kirschenbaum was part of the trial team that won a $2.2 million verdict in a race discrimination and retaliation case in 2015. Rosas v. Balter Sales, et al.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Bryan Arce was part of the trial team that won a $1.4 million-dollar verdict in a religious and sexual orientation discrimination case brought by a Chef, which was the highest employment law verdict in 2012.