Second Circuit Vindicates Concepcion in Gender Discrimination Case

By | The Appellate Strategist | March 25, 2013

In April 2011, the U.S. Supreme Court handed down its landmark opinion in AT&T Mobility v. Concepcion, holding that the Federal Arbitration Act preempted California’s Discover Bank rule, which had previously voided waivers of class arbitration in most consumer cases. 

Second Circuit Holds That Employers Can Use Arbitration Agreements to Avoid Pattern or Practice Class Actions

Second Circuit Holds That Employers Can Use Arbitration Agreements to Avoid Pattern or Practice Class Actions

On March 21, 2013, the Second Circuit issued its long-awaited decision in Parisi v. Goldman, Sachs & Co., No. 11-5229 (2d Cir. Mar. 21, 2013). In a significant ruling for employers, the Second Circuit held that a plaintiff has no substantive right to pursue a pattern or practice claim via a class action and, therefore, must arbitrate her discrimination claims on a bilateral basis in accord with her arbitration agreement. 

Second Circuit Upholds Enforceability of Arbitration Agreements That Bar Title VII Class Actions, Finding That There is No Substantive Statutory Right to Pursue a Pattern-or-Practice Claim

On March 21, 2013, the Second Circuit issued its opinion in Parisi v. Goldman Sachs & Co., Case No. 11-5229, reversing a decision from the Southern District of New York, and holding that arbitration agreements which preclude Title VII class actions are enforceable.

Employers Win Big to Prevent Costly Class Action Title VII Lawsuits

In a major victory for employers, a New York federal circuit court ruled yesterday that an employer with a mandatory arbitration agreement with Goldman Sachs can require an employee to go to arbitration on a Title VII class action because Title VII contains no substantive right to pursue a pattern-or-practice sex-bias claim.