Employment law after Gilmer: compulsory arbitration of statutory antidiscrimination rights

Article Abstract:

Compulsory arbitration of statutory antidiscrimination rights should be barred through enactment of an amendment to the 1991 Civil Rights Act. Pre-dispute employment agreement arbitration clauses, typified by the clause in question in the Gilmer case, are improper public policy and should be challenged. The Supreme Court's finding of an assumption favoring discrimination claim arbitration in Gilmer inappropriately expanded the use of compulsory arbitration into the area of statutory rights, such as freedom from discrimination.

United States, Labor contracts, Employment discrimination, Mediation, Case Note, Labor arbitration

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Assessing attitudes and beliefs; employment cases stir jurors' emotions

Article Abstract:

Jurors have a high emotional investment in employment cases and what they hear in the testimony will be colored by their own and friends' experiences in the workplace as well as their preconceived views about how employers should behave. In view of the high emotions these cases generate, defense lawyers need to be especially careful during voir dire to select out jurors who might be harmful to their case. Open-ended questions are best for eliciting juror attitudes which may color interpretation of a case's facts.

Methods, Jury selection

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