faqs.org » Abstracts Index » Abstracts » Law

Recent developments in the arbitration of employment discrimination claims

Article Abstract:

The trend since Gilmer v. Interstate Johnson Lane Corp. to require arbitration of employment discrimination claims is likely to continue. While Gilmer dealt with the Age Discrimination in Employment Act of 1967, its rationale could be and will likely be applied to other employment discrimination claims as well. The federal courts will likely expand this case's application mandating that employees arbitrate rather than litigate and distinguishing Alexander v. Gardner Denver Co. to the point where the case will have little influence unless exactly the same facts recur.

Negotiation, mediation and arbitration, Employment discrimination

---

Employer-promulgated arbitration: non-statutory application

Article Abstract:

Grievance arbitration in the industrial arena would be more effective with a two-track system, one for mediating the claims likely to proceed to court and one for the non-legal claims. Routine grievances simply do not need the same in-depth fact-finding and discovery. Credibility is enhanced when an impartial outsider resolves workplace grievances and the human resource department finds arbitration a welcome solution to labor problems.

---

Some parts © 2012 Advameg, Inc.