Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith Inc., Civ. No. 96-12267-NG (D. Mass. Jan 26, 1998)
Rosenberg charged Merrill Lynch with age discrimination, gender discrimination and sexual harassment. Upon employment, she signed a standard form mandating arbitration. In denying the defendant's motion to compel arbitration, the judge concluded that the New York Stock Exchange arbitration system does not effectively protect an employee's rights under Title VII and the Age Discrimination in Employment Act, thus making the arbitration clause unenforceable.