The Debate Over Mandatory Arbitration in Employment Disputes - Dispute Resolution Journal - Vol. 54, No. 1
The author is an associate in the New York office of Epstein, Becker & Green P.C. where she practices employment law. She has done research on such issues as workers’ compensation, individual liability under Title VII of the Civil Rights Act, concerted labor activities and appropriate bargaining units.
Mandatory arbitration of statutory employment discrimination claims is a subject of continuous debate in the employment community. The author provides a comprehensive examination of the courts’ response to such agreements and notes how improved protection of employees’ statutory rights can in fact impel expanded use of arbitration in the workplace.
The United States Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp.1 enforcing mandatory arbitration2 for statutory employment discrimination claims continues to create a rift in the employment community. Some employers have embraced such agreements, even going so far as to require assent to