U.S. Court of Appeals for the Second Circuit
Parisi v. Goldman, Sachs & Co.
Judges B. D. Parker, Ragi, and Lynch
Background: The plaintiff and two other former female employees sued their former employer on behalf of a putative class alleging that the defendant engaged in a continuing pattern of gender discrimination. The defendants appealed from an order denying their motion to compel arbitration. The district court held that individual arbitration would preclude the plaintiff from vindicating a right under Title VII to be free from a pattern or practice of discrimination.
Ruling: The Second Circuit reversed. The Second Circuit noted that there is a federal policy favoring arbitrations. As the plaintiff may offer evidence of discriminatory patterns, practices, or policies, it was in error for the district court to deny the motion.
Robert Giuffra, Theodore O. Rogers, Jr., and Suhana S. Han of Sullivan & Cromwell for the defendants-appellants