§ 7515 — Mandatory arbitration clauses; prohibited

§ 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As\nused in this section:\n 1. The term "employer" shall have the same meaning as provided in\nsubdivision five of section two hundred ninety-two of the executive law.\n 2. The term "prohibited clause" shall mean any clause or provision in\nany contract which requires as a condition of the enforcement of the\ncontract or obtaining remedies under the contract that the parties\nsubmit to mandatory arbitration to resolve any allegation or claim of\ndiscrimination, in violation of laws prohibiting discrimination,\nincluding but not limited to, article fifteen of the executive law.\n 3. The term "mandatory arbitration clause" shall mean a term or\nprovision contained in a written contract which requires the parties to\nsuch contract to submit any matter thereafter arising under such\ncontract to arbitration prior to the commencement of any legal action to\nenforce the provisions of such contract and which also further provides\nlanguage to the effect that the facts found or determination made by the\narbitrator or panel of arbitrators in its application to a party\nalleging discrimination, in violation of laws prohibiting\ndiscrimination, including but not limited to, article fifteen of the\nexecutive law shall be final and not subject to independent court\nreview.\n 4. The term "arbitration" shall mean the use of a decision making\nforum conducted by an arbitrator or panel of arbitrators within the\nmeaning and subject to the provisions of article seventy-five of the\ncivil practice law and rules.\n (b) (i) Prohibition. Except where inconsistent with federal law, no\nwritten contract, entered into on or after the effective date of this\nsection shall contain a prohibited clause as defined in paragraph two of\nsubdivision (a) of this section.\n (ii) Exceptions. Nothing contained in this section shall be construed\nto impair or prohibit an employer from incorporating a non-prohibited\nclause or other mandatory arbitration provision within such contract,\nthat the parties agree upon.\n (iii) Mandatory arbitration clause null and void. Except where\ninconsistent with federal law, the provisions of such prohibited clause\nas defined in paragraph two of subdivision (a) of this section shall be\nnull and void. The inclusion of such clause in a written contract shall\nnot serve to impair the enforceability of any other provision of such\ncontract.\n (c) Where there is a conflict between any collective bargaining\nagreement and this section, such agreement shall be controlling.\n