MEMORANDUM AND ORDER Plaintiff Young J. Lee filed this action raising claims of sexual harassment and discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2, and New York State Executive Law §296 et seq. against former employers Engel Burman Grande Care at Jericho, LLC (“Engel”), Ultimate Care Assisted Living Management, LLC (“Ultimate”), and Timothy Mularchuk. Defendants have moved to dismiss the action and compel arbitration of plaintiff’s claims. For the reasons set out below, defendants’ motion to compel arbitration is granted. The motion to dismiss is denied and the action is stayed pending the outcome of arbitration. BACKGROUND The following facts are taken from the complaint and documents that were submitted by both parties in connection with defendants’ motion to compel arbitration. Beginning in July 2019, plaintiff was employed by Engel and Ultimate as an event planner at an assisted living facility. Am. Compl.
36-40 (Dkt. #10). At the time of her hiring, plaintiff signed the last page of a “Dispute Resolution Agreement.” See Lee Aff. 7 (Dkt. #20-2); Decl. of Keith Gutstein at 4-6 (“Gutstein Decl.”) (Dkt. #18). The first page of the Dispute Resolution Agreement states, “This is an agreement between [blank] and The Bristal at [blank]. Both parties agree today, [blank] to abide by the following dispute resolution procedure for any covered claims that either of us have against the other arising from my employment.” Pl.’s Mem. in Opp’n to Mot. to Dismiss (“Pl.’s Br.”) Ex. 4 at 1 (“Dispute Resolution Agreement”) (Dkt. #20-4). The first and second pages of the agreement state that The Bristal “offers a procedure” for dispute resolution: if an employee raises a complaint with company managers but is unsatisfied with the final written decision, the employee may submit her complaint “to be heard by an independent arbitrator.” Id. at 1-2. The second page further provides that “[t]o be eligible for arbitration, [an employee's] complaint must be based on employment discrimination, harassment involving any Team Member of The Bristal, a wage or hour violation, or other claim under law arising from [the claimant's] employment.” Id. at 2. It defines “arbitration” as “the settlement of a dispute by one or more independent persons who are chosen by [the employee] and The Bristal to hear both sides of the complaint and then come to a decision.” Ibid. It states that an employee “may choose to opt out of the arbitration provisions.” Ibid. The third page of the Dispute Resolution Agreement states that the employee “will not have to pay anything toward the arbitration filing fee. The Bristal will pay the filing fee and the arbitrator’s expenses.” Id. at 3. The last page includes the statement, “If I do not opt out of the arbitration provisions of the [agreement], I waive my right to have my case submitted to a court of law and decided by a judge or jury.” Id. at 4. At the end of the last page, just above two lines for signatures, is the statement, “After reviewing this information, and receiving answers to my quest[ions], I voluntarily agree to The Bristal’s Dispute Resolution Policy.” Ibid. At the end of the last page of the agreement are two signature lines. Ibid. The first is labeled “Team Member’s Signature” and is signed by plaintiff. Ibid. The second is labeled “Witness’s Signature” and is signed by Andrea Rivera. Ibid. An August 2019 paycheck to plaintiff lists the payor as “Engel Burman Grande Care at Jericho LLC DBA The Bristal Grand.” Pl.’s Br. Ex. 1 (“Paycheck”) (Dkt. #20-1). Lee alleges that, beginning in December 2019, her general manager at Ultimate, Timothy Mularchuk, subjected her to sexually inappropriate comments and touching. Am. Compl.
