April 03, 2013 Articles

Pattern-or-Practice Constitutes a Method of Proof and Not a Substantive Claim

By Jerome F. Crotty

The Second Circuit recently decided that a plaintiff bringing an action on behalf of herself and a putative class of similarly-situated women does not have the right to pursue a class arbitration under Title VII and New York City's Human Rights Law even if she wishes to assert a claim for gender discrimination under a pattern-or-practice theory. Instead, she must arbitrate her individual claims. Parisi v. Goldman Sachs & Co., Docket No.11-5299 - CV (March 21, 2013).

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