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WeWork Skirts Immediate Appeal of N.Y. Job Bias Arbitration Ban

Aug. 3, 2020, 3:20 PM

A Black female former WeWork Cos. executive must arbitrate her race, sex, and pay bias claims before asking the Second Circuit if New York’s new law barring arbitration of employment discrimination claims is preempted by federal law, a federal judge ruled.

The U.S. District Court for the Southern District of New York found that the Federal Arbitration Act prohibits state legislatures from passing laws like New York Civil Practice Law and Rules Section 7515 that aim to bar mandatory arbitration of job discrimination and harassment claims.

Ayesha Whyte’s petition for permission to immediately appeal that order doesn’t meet the three ...