MEMORANDUM OPINION & ORDER The plaintiff, Woo Jung Cho, brought this action against the defendants, her former employer Cinereach and Cinereach’s Executive Director, Philipp Engelhorn, for race, gender, and disability discrimination and retaliation under Title VII, Section 1981, the Americans with Disabilities Act, and the New York City Human Rights Law. The defendants now move to compel the plaintiff to arbitrate those claims on the ground that the claims are covered by a mandatory arbitration provision in Cinereach’s Personnel Policy. I. On February 28, 2014, Engelhorn, on behalf of Cinereach, a small non-profit film production company, sent the plaintiff a letter offering the plaintiff employment as Head of Business Affairs. Cho Decl., Ex. A. The letter indicated that the position was full time, that Cho would report to Engelhorn, and that Cho would be “responsible for all aspects of legal and business affairs, contract management, and 501(c)(3) compliance, with particular responsibility towards Cinereach Production’s related legal affairs.” Id. The letter stated that Cho would “be eligible to receive the benefits outlined in the Cinereach Personnel Policy for Regular Employees,” and that “[a]s per the Cinereach Personnel Policy, we can agree that you will be entitled to vacation privileges pursuant to a 2nd year employee at start of employment.” Id. The letter further stated that “[e]mployment at Cinereach is ‘at will’, which means that either you or the company may elect to terminate your employment at any time. You are considered a full-time regular employee and will receive a Personnel Policy that details the expectations of all Cinereach employees.” Id. The February 28, 2014 offer of employment letter did not expressly mention arbitration. On March 31, 2014, Cho signed the Cinereach Personnel Policy for Regular Employees, which had been drafted on June 30, 2 013. Shi1oh Decl., Ex. B. Section 1.1 of the Personnel Policy, labeled “Foreword”, states that “[t]his document shall take effect as of the date noted on the cover. Cinereach reserves the right to unilaterally revoke, change or supplement the benefits, practices and policies outlined in this Personnel Policy at any time, with or without notice. The Executive Director may make interpretations and modifications of the Policy at the Executive Director’s direction and render decisions as to matters not covered herein.” Id. at 1. Section 1.2 of the Personnel Policy, labeled “At-Will Employment: Disclaimer”, reads Nothing in this Personnel Policy is to be construed as a binding contract with Cinereach or a guarantee of continuity of employment, benefits or rights. While it is hoped that the employment of all our staff will be mutually rewarding, all employees at Cinereach are considered at will employees and either the employee or Cinereach may terminate the employment relationship at any time, for any reason, with or without cause and with or without notice. Information in this document supersedes any representation that may have been made to staff members during the hiring process, and during the course of employment at Cinereach. No permanent employment, or employment of any term, is intended or can be implied by or inferred from statements in this Policy. Id. Section 3.6 of the Personnel Policy, labeled “Arbitration”, reads As a condition of your employment, you agree that if an employment dispute or claim arises as a result of your current or past employment with Cinereach, you will submit any and all such disputes or claims arising from or related to your employment or the termination of your employment exclusively to confidential binding arbitration under the Federal Arbitration Act, 9 U.S.C., Section 1. Similarly, any disputes or claims arising during your employment, including but not limited to claims of unlawful discrimination or harassment under federal or state statutes;…and claims for violation of any federal, state, or governmental law, statute, regulation, or ordinance shall be submitted exclusively to confidential binding arbitration under the above provisions. You agree that this arbitration shall be the exclusive means of resolving any dispute arising out of your employment with Cinereach and that you waive all rights to a civil court action regarding these employment matters. Cinereach shall pay for all fees and costs of the Arbitrator; however, each party shall pay for its own costs and attorney’s fees, if any. By accepting or continuing employment with Cinereach, you automatically agree that arbitration is the exclusive remedy for all disputes arising out of your employment with Cinereach. Id. at 9. The acknowledgement of receipt of the personnel policy that Cho signed on March 31, 2014 stated I acknowledge that I have received a copy of the Cinereach Domestic Personnel Policy dated June 30, 2013 and understand I am responsible for becoming familiar with the policies described in it. I understand that the information contained in it represents Cinereach policies which may be modified from time to time. Cho Decl., Ex. C.1 Cho began her employment with Cinereach on April 7, 2014. Compl. 20. As the Head of Business Affairs and member of the Cinereach Executive team, Cho reported directly to Engelhorn, the Executive Director. Id. at 22. In 2015, the plaintiff was promoted to Director of Business Affairs and General Counsel. Id. at
