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.

---

Similar abstracts:

• Abstracts: The debate over mandatory arbitration in employment disputes. Arbitration in public sector labor disputes
• Abstracts: IRS and courts rule on exclusion of damages received in employment discrimination and benefit plan cases. IRA proceeds included in decedent's estate; 1986 TRA transition rules not applicable
• Abstracts: Developments in labor-management cooperation: the codification of cooperative mechanisms. Application of conjoint measurement procedures to collective bargaining research in school personnel administration
• Abstracts: All-in-one dispute resolution: one case, four procedures. Job discrimination claims under collective bargaining
• Abstracts: Court review of arbitration. Discipline and decisions: a study of arbitration cases dealing with employee discourtesy

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.