New York Court of Appeals

Alphonse Fletcher, Jr., Appellant v. Kidder, Peabody & Company, Inc., Respondent; Rita Reid, Appellant, v. Goldman…

July 9, 199381 N.Y.2d 623

Summary

The New York Court of Appeals affirmed the Appellate Division orders compelling arbitration of racial and gender discrimination claims brought under the State Human Rights Law, holding that the arbitration clauses in the U‑4 registration forms are governed by the Federal Arbitration Act and are enforceable. The majority overruled its prior Wertheim decision, applied Gilmer’s framework, and rejected the dissent’s argument that Congress intended to bar arbitration of such claims.