FLETCHER v. KIDDER, PEABODY


81 N.Y.2d 623 (1993)

619 N.E.2d 998

601 N.Y.S.2d 686

Alphonse Fletcher, Jr., Appellant, v. Kidder, Peabody & Company, Inc., Respondent. Rita Reid, Appellant, v. Goldman, Sachs & Co. et al., Respondents.

Court of Appeals of the State of New York.

Decided July 9, 1993.


Attorney(s) appearing for the Case

Chadbourne & Parke, New York City (Stanley S. Arkin, Robert J. Hausen, James T. Wicks and Foster J. Gibbons of counsel), for appellant in the first above-entitled action.

Epstein Becker & Green, P. C., New York City (Ronald M. Green of counsel), and Thomas A. Dubbs, New York City, for respondent in the first above-entitled action.

Douglas S. McDowell and Robert E. Williams, of the District of Columbia Bar, admitted pro hac vice, for the Equal Employment Advisory Council, amicus curiae, in the first above-entitled action.

Brown & Wood, New York City (A. Robert Pietrzak and Michele L. McNichol of counsel), for Securities Industry Association, Inc., amicus curiae, in the first above-entitled action.

Shiff & Tisman, New York City (Stephen E. Tisman and Laurence Shiff of counsel), for appellant in the second above-entitled action.

Sullivan & Cromwell, New York City (Theodore O. Rogers, Jr., and Tariq Mundiya of counsel), for respondents in the second above-entitled action.

Vladeck, Waldman, Elias & Engelhard, P. C., New York City (Laura S. Schnell and Ellen A. Harnick of counsel), for the National Employment Lawyers Association/New York, amicus curiae, in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.


TITONE, J.

In Matter of Wertheim & Co. v Halpert (48 N.Y.2d 681), this Court held that because of the strong public policies embodied in Federal, State and local antidiscrimination laws, anticipatory agreements to arbitrate are unenforceable in the context of disputes involving claims of unlawful discrimination. The issue before us on these appeals is whether subsequent...

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