N.Y. Civil Practice Law & Rules § 7515: Mandatory arbitration clauses; prohibited

§ 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.