Article 75. Arbitration · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 7515 bars, with an exception for federal law, any written contract from forcing discrimination claims into mandatory arbitration where the arbitrator's ruling would be final and immune from independent court review, and voids any clause that tries.
(a)Definitions. As used in this section: 1. The term “employer” shall have the same meaning as provided in subdivision five of section two hundred ninety-two of the executive law. 2. The term “prohibited clause” shall mean any clause or provision in any contract which requires as a condition of the enforcement of the contract or obtaining remedies under the contract that the parties submit to mandatory arbitration to resolve any allegation or claim of discrimination, in violation of laws prohibiting discrimination, including but not limited to, article fifteen of the executive law. 3. The term “mandatory arbitration clause” shall mean a term or provision contained in a written contract which requires the parties to such contract to submit any matter thereafter arising under such contract to arbitration prior to the commencement of any legal action to enforce the provisions of such contract and which also further provides language to the effect that the facts found or determination made by the arbitrator or panel of arbitrators in its application to a party alleging discrimination, in violation of laws prohibiting discrimination, including but not limited to, article fifteen of the executive law shall be final and not subject to independent court review. 4. The term “arbitration” shall mean the use of a decision making forum conducted by an arbitrator or panel of arbitrators within the meaning and subject to the provisions of article seventy-five of the civil practice law and rules.
(i)Prohibition. Except where inconsistent with federal law, no written contract, entered into on or after the effective date of this section shall contain a prohibited clause as defined in paragraph two of subdivision (a) of this section.
(ii)Exceptions. Nothing contained in this section shall be construed to impair or prohibit an employer from incorporating a non-prohibited clause or other mandatory arbitration provision within such contract, that the parties agree upon.
(iii)Mandatory arbitration clause null and void. Except where inconsistent with federal law, the provisions of such prohibited clause as defined in paragraph two of subdivision (a) of this section shall be null and void. The inclusion of such clause in a written contract shall not serve to impair the enforceability of any other provision of such contract.
(c)Where there is a conflict between any collective bargaining agreement and this section, such agreement shall be controlling.
Plain-English Summary
CPLR 7515 targets a specific type of contract clause: one that pushes discrimination claims into arbitration and then insulates the arbitrator's ruling from independent review by a court. The statute defines a “prohibited clause” as any provision requiring, as a condition of enforcing the contract or getting a remedy under it, that the parties submit a discrimination claim to mandatory arbitration. It layers in a related definition — a “mandatory arbitration clause” — for a provision that requires arbitration before any lawsuit and also makes the arbitrator's factual findings on a discrimination claim final, with no independent court review.
Except where federal law would conflict, no written contract entered into on or after the section's effective date may contain a prohibited clause, and any prohibited clause that slips into a contract anyway is null and void — though the rest of the contract stays enforceable. The section doesn't ban mandatory arbitration outright: employers remain free to include a mandatory arbitration provision that the parties agree upon, so long as it isn't the kind that strips away independent review of a discrimination claim. And where a collective bargaining agreement conflicts with this section, the collective bargaining agreement controls.
Frequently Asked Questions
Can my employer force me into mandatory arbitration for a discrimination claim in New York?
CPLR 7515 prohibits a contract clause that requires mandatory arbitration of a discrimination claim and also makes the arbitrator's findings final and immune from independent court review, except where federal law is inconsistent.
What is a “prohibited clause” under CPLR 7515?
It's any clause that conditions enforcement of the contract, or getting a remedy under it, on submitting a discrimination claim to mandatory arbitration.
Is a mandatory arbitration clause always void in New York?
No. CPLR 7515 only voids the specific type of clause that strips discrimination rulings of independent court review — an employer may still include a non-prohibited mandatory arbitration provision that the parties agree to.
Does CPLR 7515 apply to federal arbitration agreements?
The section's prohibition doesn't apply where it would be inconsistent with federal law.
If a contract has a prohibited arbitration clause, is the whole contract void?
No. CPLR 7515 voids only the prohibited clause itself; the rest of the contract remains enforceable.
Does CPLR 7515 override a collective bargaining agreement?
No. Where a collective bargaining agreement conflicts with this section, the collective bargaining agreement controls.
Amendment History
L 2018, ch 57, § 1 (Part KK, Subpart B), effective July 11, 2018; L 2019, ch 160, § 8, effective October 11, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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