To embed, copy and paste the code into your website or blog:
In a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp., found that a former employee’s claims brought under the New Jersey Law Against Discrimination were subject to the arbitration agreement that she signed when she was first hired. The Court further held that the recent amendment to the Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act.
Facts
Karina Janco signed an arbitration agreement as part of her onboarding documents when she was hired by Bay Ridge Automotive. This agreement stated that both “the employer and employee mutually consent to the resolution by final and binding arbitration of all disputes, claims or controversies of any kind between them,” which include “claims for discrimination, harassment, and/or retaliation. . . .” When Ms. Janco later filed a lawsuit in state court alleging that her employer violated the NJLAD, Bay Ridge Automotive moved to dismiss her complaint and compel arbitration pursuant to the arbitration agreement she signed.