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A Management Perspective: Mandatory Arbitration Agreements Are an Effective Alternative to Employment Litigation - Chapter 33 - AAA Handbook on Employment Arbitration and ADR - 2nd Edition

Author(s): 
Martin J. Oppenheimer
Cameron Johnstone
Page Count: 
8 pages
Media Description: 
PDF from "AAA Handbook on Employment Arbitration and ADR - 2nd Edition"
Published: 
December, 2010
Jurisdictions: 
United States
Practice Areas: 
Employment,
Agreement to Arbitrate,
Dispute Resolution & Litigation,
ADR,
Mandatory Rules
Author Detail: 

Martin J. Oppenheimer is the past co-chair of Proskauer Rose LLP's Labor Department with a national reputation for representing employers in labor relations. He holds an A.B. degree from the University of Pennsylvania, a LL.B. degree from Yale Law School, and was a Fulbright Scholar at Goethe University, Frankfurt, Germany. Mr. Oppenheimer has lectured extensively on various aspects of labor relations before many professional associations and has given seminars on labor relations problems in the performing arts at Columbia, Yale, NYU and other major universities. Martin has also published articles in a variety of legal publications.

Cameron Johnstone is a former associate in Proskauer’s Labor and Employment Law Department and has experience in a wide range of employment and labor matters.

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Description: 

Originally from: AAA Handbook on Employment Arbitration and ADR - 2nd Edition

In accordance with its long-standing opposition to the use of mandatory arbitration in employment disputes, the Equal Employment Opportunity Commission recently issued a detailed policy statement attacking the imposition of mandatory arbitration as a condition of employment. The statement, intended to serve as an internal guidance for EEOC field offices, characterizes compulsory arbitration as contrary to the fundamental principles of the federal civil-rights laws and instructs the field offices to process claims regardless of whether the charging party has agreed to arbitrate employment disputes; in effect, ignoring the presence of mandatory-arbitration agreements and the continual court approval of such agreements.