Using arbitration to avoid litigation
Article Abstract:
Passage of the 1992 American's with Disabilities Act and the Civil Rights Act of 1991 has resulted in increased employment discrimination cases that may be resolved by arbitration rather than litigation. The Supreme Court's 1991 decision in Gilmer v Interstate/Johnson Lane Corp allowed interpretation of the Federal Arbitration Act to make employment discrimination cases amenable to enforceable arbitration agreements. Employers wanting to use arbitration should be aware of the remaining unclear areas and focus on the formulation of arbitration agreements with a view to their being enforceable.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1993
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Waiver of rights under the Age Discrimination in Employment Act: implications of the Older Workers Benefit Protection Act of 1990
Article Abstract:
The goal of the Older Workers Benefits Protection Act (OWBPA) was to protect older employees granted an early retirement package only on condition that they waive their rights under the Age Discrimination in Employment Act (ADEA) and other labor statutes. OWBPA requires that waivers be made voluntarily and gives standards for deciding if this has taken place. Even after OWBPA, however, courts have been unwilling to address the inequities of ADEA waivers. Waivers need to be supervised by the EEOC or the courts for fairness to be assured.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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