Valdes v. Swift Transportation Co.

MEMORANDUM DECISION

CHIN, District Judge.

In this employment case, plaintiff Lori A. Valdes alleges that her employer sexually harassed and retaliated against her in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. § 2000e et seq., and the New York State Human Rights Law, N.Y. Exec. Law § 296 et seq. Defendant Swift Transportation Co., Inc, (“Swift”) moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), or, in the alternative, to stay this action and compel arbitration, pursuant to New York law. Because plaintiff twice executed agreements to…