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.

Analysis, Interpretation and construction, Labor law, Employment discrimination, Commercial arbitration

---

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.

Age discrimination, Early retirement

---

Similar abstracts:

• Abstracts: Civil settlement during rape prosecutions. Making the criminal pay in cash: the ex post facto implications of the Mandatory Victims Restitution Act of 1998
• Abstracts: Courts rethink ADEA disparate-impact claims; recent Age Discrimination in Employment Act cases question the viability of impact theory
• Abstracts: Labor-management cooperation: a critical view. Age discrimination in employment: the over qualified older worker
• Abstracts: Treaties of friendship, commerce and navigation - effect on action for employment discrimination based on national origin - Civil Rights Act of 1964
• Abstracts: Treaties of friendship, commerce and navigation - effect on action for employment discrimination based on national origin - Civil Rights Act of 1964. part 2

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