2022 New York Laws
CVP - Civil Practice Law and Rules
Article 75 - Arbitration
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.