Common use of Employment and Discrimination Clause in Contracts

Employment and Discrimination. (a) No employee shall be employed through fee charging agencies except where the Employer shall pay the full amount of the fee. (b) There shall be no discrimination against any present or future employee by reason of race, creed, color, age, disability, national origin, sex, union membership or any characteristic protected by law, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, 42 U.S.C. § 1981, the Family and Medical Leave Act, the New York State Human Rights Law, the New York City Human Rights Code, or any other similar laws, rules or regulations. All claims alleging illegal discrimination under any of the above authorities, as well as all claims alleging violations of the federal Fair Labor Standards Act, the New York State Labor Law, and any other federal, state or local wage payment statutes or regulations, shall be subject to the Agreement's grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employees covered by this Agreement shall not file suit or seek relief in any other forum. This provision shall apply to allegations arising out of events occurring before and/or after the effective date of this Agreement. Arbitrators shall apply applicable law as it would be applied, and shall have such powers as would be exercised, by the appropriate court in rendering decisions on the claims covered by this paragraph. (c) The claims subject to resolution in accordance with paragraph 24 (b), above, shall not be litigated or arbitrated by way of a class or collective action. All claims between an employee and an employer must be decided individually. Neither an employee nor an employer will have the right, with respect to any claim, to do any of the following before an arbitrator: i. Obtain relief from a class or collective action, either as a class representative, class member or class opponent; or ii. Join or consolidate claims with the claims of any other person. The arbitrator shall have no authority or jurisdiction to process, conduct or rule upon any class or collective proceeding, or to consolidate any individual claims in one proceeding absent mutual consent of the parties hereto.

Employment and Discrimination. (a) No employee shall be employed through fee charging agencies except where the Employer shall pay the full amount of the fee. (b) There shall be no discrimination against any present or future employee by reason of race, creed, color, age, disability, national origin, sex, union membership or any characteristic protected pro- tected by law, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination Dis- crimination in Employment Act, 42 U.S.C. § 1981, the Family and Medical Leave Act, the New York State Human Rights Law, the New York Paid Fam- ily Leave Law, the New York City Human Rights Code, the Stop Sexual Harassment in New York City Act, the New York City Temporary Schedule Change Law, or any other similar laws, rules or regulations. All claims alleging illegal discrimination under any of the above authorities, as well as all claims alleging alleg- ing violations of the federal Fair Labor Standards Act, the New York State Labor Law, and any other federal, state or local wage payment statutes or regulationsregu- lations, shall be subject to the Agreement's ’s grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employees em- ployees covered by this Agreement shall not file suit or seek relief in any other forum. This provision shall apply to allegations arising out of events occurring oc- curring before and/or after the effective date of this Agreement. Arbitrators shall apply applicable law as it would be applied, and shall have such powers as would be exercised, by the appropriate court in rendering decisions on the claims covered by this paragraph. (c) The claims subject to resolution in accordance ac- cordance with paragraph 24 (b), above, shall not be litigated or arbitrated by way of a class or collective collec- tive action. All claims between an employee and an employer must be decided individually. Neither an employee nor an employer will have the right, with respect to any claim, to do any of the following before be- fore an arbitrator: i. Obtain relief from a class or collective action, either as a class representative, class member or class opponent; or ii. Join or consolidate claims with the claims of any other person. The arbitrator shall have no authority or jurisdiction to process, conduct or rule upon any class or collective col- lective proceeding, or to consolidate any individual claims in one proceeding absent mutual consent of the parties hereto. (d) The parties will recommend to the Trustees of the Local 94-94A-94B Training Fund that it will provide interactive training, compliant with the New York State and New York City laws regarding prevention of sexual harassment, to all employees enrolled in the Training Program. The Trustees will investigate the feasibility of training for all employees employed in covered employment under this Agreement. The scope, cost, delivery and curriculum for such training shall be approved by the Trustees.

Employment and Discrimination. (a) No employee shall be employed through fee charging agencies except where the Employer shall pay the full amount of the fee. (b) There shall be no discrimination against any present or future employee by reason of race, creed, color, age, disability, national originori- gin, sex, union membership or any characteristic protected by law, including, but not limited to, claims made pursuant to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, 42 U.S.C. § 1981, the Family and Medical Leave Act, the New York State Human Rights Law, the New York Paid Family Leave Law, the New York City Human Rights Code, the Stop Sexual Harassment in New York City Act, the New York City Temporary Schedule Change Law, or any other similar laws, rules or regulations. All claims alleging illegal discrimination under any of the above authorities, as well as all claims alleging violations of the federal Fair Labor Standards Act, the New York State Labor Law, and any other federal, state or local wage payment statutes or regulations, shall be subject to the Agreement's grievance and arbitration procedure as the final, binding, sole and exclusive remedy for such violations, and employees covered by this Agreement shall not file suit or seek relief in any other forum. This provision shall apply to allegations arising out of events occurring before and/or after the effective date of this Agreement. Arbitrators shall apply applicable law as it would be applied, and shall have such powers as would be exercised, by the appropriate court in rendering decisions on the claims covered by this paragraph. (c) The claims subject to resolution in accordance with paragraph 24 (b), above, shall not be litigated or arbitrated by way of a class or collective action. All claims between an employee and an employer must be decided individually. Neither an employee nor an employer will have the right, with respect to any claim, to do any of the following before an arbitrator: i. Obtain relief from a class or collective action, either as a class representative, class member or class opponent; or ii. Join or consolidate claims with the claims of any other person. The arbitrator shall have no authority or jurisdiction to process, conduct or rule upon any class or collective proceeding, or to consolidate any individual claims in one proceeding absent mutual consent of the parties hereto. (d) The parties will recommend to the Trustees of the Local 94-94A-94B Training Fund that it will provide interactive training, compliant with the New York State and New York City laws regarding prevention of sexual harassment, to all employees enrolled in the Training Program. The Trustees will investigate the feasibility of training for all employees employed in covered employment under this Agreement. The scope, cost, delivery and curriculum for such training shall be approved by the Trustees.