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<xTITLE>Former WeWork Employee Pushes to Resolve Job Discrimination Claims in Court, not Arbitration</xTITLE>

Former WeWork Employee Pushes to Resolve Job Discrimination Claims in Court, not Arbitration

by Indraneel Gunjal
July 2020 Indraneel Gunjal

Ayesha Whyte, a black woman and a former employee of WeWorks Companies Inc. has petitioned a Federal District Court in New York to allow a review of its earlier decision which compelled her to pursue her job discrimination claims based on race and sex through arbitration, rather than before the Courts. Ms. Whyte has claimed that that the New York Civil Practice Law and Rules § 7515, which prohibits the mandatory arbitration of employment discrimination and harassment cases, takes precedence over the Federal Arbitration Act, which in turn requires the Courts to compel arbitration if the employment contract contains a clause to that effect. Ms. Whyte has also contended that such mandatory arbitration clauses have been used by employers for decades to ‘successfully siloed the voices of marginalized employee groups’, as arbitration is a private and a closed-door confidential process.

For more information see https://news.bloomberglaw.com/us-law-week/wework-executive-wants-fast-appeal-of-n-y-based-arbitration-ban

For a copy of Ayesha Whyte's Petition see https://www.bloomberglaw.com/public/desktop/document/WhytevWeWorkCompaniesIncDocketNo120cv01800SDNYFeb282020CourtDocke/2?1594071050

Biography


Indraneel Gunjal is an attorney from India and an advanced degree graduate from Stanford Law School, Class of 2020 with a specialization in International Economic Law, Business & Policy. Before joining Stanford, he worked with the Trade Policy Division of the Department of Commerce, Government of India where he was a member of the legal team representing India in its inter-state trade and investment disputes, Free Trade Agreement (FTA) negotiations, and also tasked with formulating and reviewing its trade policy.



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