MEMORANDUM & ORDER Plaintiff Michael Faith brings this action against Defendants Dara Khosrowshahi, Uber Technologies, Inc., Uber USA, LLC, RasIer-NY, LLC a/k/a RasIer, LLC, a/k/a Raiser, LLC (collectively, “Uber” or “Defendants”) arising from Defendants’ termination of the parties’ contractual relationship. Plaintiff asserts two claims against Defendants: (1) discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. (“Title VII”); and (2) discrimination and retaliation in violation of the New York State Human Rights Law, N.Y. Exec. Law §§290 et seq. (“NYSHRL”). Before the Court is Defendants’ motion to compel arbitration and stay proceedings pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1 et seq. (ECF No. 35). For the reasons set forth below, the motion is GRANTED.1 I. BACKGROUND A. Facts Uber is a rideshare company that engages in contractual relationships with transportation providers (“Drivers”) to provide transportation to individuals. (Am. Compl. at 5, ECF No. 12.) Uber uses a mobile application, the “Uber Driver App,” to direct Drivers to individuals in need of transportation. (Id. at 6.) In or around July 2017, Uber was granted permission to operate its business in Nassau and Suffolk Counties in New York. (Id. at 5.) Plaintiff became a Driver for Uber in or about the summer of 2017.2 (Id. at 5; Pl.’s Opp’n at 1, ECF No. 36.) The onboarding process required Plaintiff to submit a copy of his New York State Driver’s License, which indicated his sex and race, to Uber. (Am. Compl. at 5.) Plaintiff was also required to upload a personal photo of himself to display on the Uber Driver App, which was viewable by the public and Uber’s employees. (Id.) At the time Plaintiff created an account to use the Uber Driver App, Uber’s applicable services agreement was the 2017 Rasier Technology Services Agreement (“2017 Agreement”). (Chinchilla Decl., Ex. C, ECF No. 35-3.) The 2017 Agreement contained an arbitration provision, which included notice of the Driver’s right to opt out of arbitration within 30 days of executing the agreement. (Id. §15.3.) According to Defendants’ business records, Plaintiff accepted the 2017 Agreement on July 3, 2017. (Chinchilla Decl. 12.) Plaintiff began driving full-time for Uber in 2018. (Pl.’s Opp’n at 1.) On November 25, 2019, Plaintiff accepted an updated agreement, the 2019 Rasier Technology Services Agreement (“2019 Agreement”). (Chinchilla Decl. 13.) Like the 2017 Agreement, the 2019 Agreement contained an arbitration provision with a 30-day opt-out period. (Id., Ex. D §15.) On December 18, 2019, Plaintiff sent an email to Uber opting out of the arbitration provision of the 2019 Agreement. (ECF No. 21 at 2, Ex. H17; Chinchilla Decl., Ex. H.) In the email, Plaintiff expressed his desire to opt out of the arbitration agreement to the “fullest extent possible,” regardless of his residence, email account, and phone number. (Pl.’s Opp’n at 1; ECF No. 21 at 2, Ex. H17; Chinchilla Decl., Ex. H.) In January 2020, Uber issued an updated agreement, the 2020 Platform Access Agreement (“2020 Agreement”). (Chinchilla Decl., Ex. E.) On the first page, before the numerated sections, the 2020 Agreement states, “[b]y accepting this Agreement, you confirm that you have read, understand and accept the provisions of this Agreement and intend to be bound by this Agreement. This Agreement is effective as of the date and time you accept it.” (Id. at 63.) The arbitration provision begins in Section 13 and reads as follows: IMPORTANT: PLEASE REVIEW THIS ARBITRATION PROVISION CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW. YOU MAY CHOOSE TO OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE BELOW INSTRUCTIONS. THERE ARE AND/OR MAY BE LAWSUITS ALLEGING CLASS, COLLECTIVE OR REPRESENTATIVE CLAIMS ON YOUR BEHALF AGAINST US. IF YOU DO NOT OPT OUT OF THIS ARBITRATION PROVISION AND THEREFORE AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE, EXCEPT AS OTHERWISE PROVIDED BELOW, THAT YOU WILL NOT PARTICIPATE IN AND, THEREFORE, WILL NOT SEEK OR BE ELIGIBLE TO RECOVER MONETARY OR OTHER RELIEF IN CONNECTION WITH ANY SUCH CLASS, COLLECTIVE OR REPRESENTATIVE LAWSUIT. THIS ARBITRATION PROVISION, HOWEVER, WILL ALLOW YOU TO BRING INDIVIDUAL CLAIMS IN ARBITRATION ON YOUR OWN BEHALF. (Id. at §13.) The next subsection states that the 2020 Agreement is governed by the FAA or the “law pertaining to arbitration agreements of the state where you reside when you entered into this Agreement shall apply.” (Id. at §13.1(a).) The subsection continues explaining the scope of disputes covered by the arbitration provision, including any legal dispute, “past, present or future, arising out of or related to your relationship with [Uber] or relationship with any of [Uber's] agents, employees, executives,…subsidiaries or parent companies (each of which may enforce this Arbitration Provision as third party beneficiaries), and termination of that relationship, and survives after the relationship terminates.” (Id. at §13.1(a).) The next subsection of the arbitration provision includes a delegation clause, explaining that the following disputes must be resolved through arbitration: This Arbitration Provision applies to all claims whether brought by you or us, except as provided below. This Arbitration Provision requires all such claims to be resolved only by an arbitrator through final and binding individual arbitration and not by way of court or jury trial. Except as provided below regarding the Class Action Waiver and Representative Action Waiver, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the formation, scope, enforceability, waiver, applicability, revocability or validity of this Arbitration Provision or any portion of this Arbitration Provision. (Id. at §13.1(b).) The following subsection further details the scope of issues covered by the arbitration provision to include, “without limitation,” “disputes between you and [Uber], or between you and any other entity or individual, arising out of or related to your application for and use of an account to use [Uber's] Platform and Driver App as a driver,…your contractual relationship with [Uber] or the termination of that relationship,…the nature of your relationship with [Uber] (including, but not limited to, any claim that you are [Uber's] employee),…retaliation, discrimination, or harassment and claims arising under…Title VII of the Civil Rights Act of 1964…[or any] federal, state or local statutes or regulations addressing the same or similar subject matters…arising out of or relating to your relationship with [Uber] or the termination of that relationship.” (Id. at §13.1(c).) The 2020 Agreement also sets the costs of any arbitration proceeding. (Id. at §13.6.) In all cases except those of offers of judgment, “each party will pay the fees for its, his or her own attorneys and any costs that are not unique to arbitration, subject to any remedies to which that party may later be entitled under applicable law.” (Id. at §13.6(a).) The arbitration provision requires the parties to follow the JAMS Comprehensive Arbitration Rules & Procedures; however, the signing party to the agreement is only responsible for payment of the initial arbitration filing fee up to the amount required to initiate a lawsuit in federal court within the jurisdiction where the arbitration would be held. (Id. at §13.6(b).) The provision explains that Uber will pay the difference between the initial filing fees paid and the amount required by JAMS. (Id.) Furthermore, the arbitration provision states that Uber will pay the arbitrator’s fees in all cases as required by law, as well as “all fees and costs unique to arbitration. Otherwise, such fee(s) will be apportioned between the parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.” (Id. at §13.6(c).) The arbitration provision also notifies and instructs the Driver of his right to opt out of arbitration. (Id. at §13.8.) It states that agreeing to the arbitration provision is “not a mandatory condition of your contractual relationship with [Uber].” (Id. at §13.8(a).) As a result, a Driver may opt out of the arbitration provision “within 30 days of the date that [the] Agreement is electronically accepted by you,” by sending “an electronic email from the email address associated with your driver account to [email protected], stating your intent to opt out of this Arbitration Provision, as well as your name, the phone number associated with your driver account, and the city in which you reside.” (Id.) If a Driver does not opt out within 30 days of accepting the 2020 Agreement, the Driver and Uber “shall be bound” by the arbitration provision. (Id. at §13.8(b).) The arbitration provision concludes by stating that it “replaces prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision.” (Id. at §13.9.) It further incorporates a severability clause, so that if any portion of the arbitration provision is found to be unenforceable, “the remainder of [the] Arbitration Provision will be enforceable.” (Id.) Finally, at the end of the numerated sections, the 2020 Agreement has text in bold that states: “[b]y clicking, ‘Yes, I agree,’ I expressly acknowledge that I have read, understood, and considered the consequences of this Agreement, that I agree to be bound by the terms of this Agreement.” (Id. at 82.) To access the Uber Driver App, Drivers had to click on “Yes, [I] agree,” which was presented twice on the screen, to confirm their acceptance of the 2020 Agreement. (Chinchilla Decl.
8, 14, 15, Ex. B.) Once a Driver confirmed acceptance, the 2020 Agreement was available to view online. (Id. 10.) On January 7, 2020, Plaintiff accepted the 2020 Agreement. (Chinchilla Decl.
