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How to decide: Should employers arbitrate workplace disputes?

by on
in Employment Law,Human Resources

by Mark S. Mathison, Esq.

Arbitration agreements are employment agreements that provide for resolution of claims by an arbitrator, rather than a judge or jury. They can apply to all kinds of employment-related claims, including those created by statutes such as the ADA and Title VII of the Civil Rights Act.

Supreme Court weighs in

Last spring, the Supreme Court removed a cloud of doubt about whether such agreements are an option for unionized employers. In 14 Penn Plaza v. Pyett, the Supreme Court held that unionized employers that enter into such arbitration agreements through the collective-bargaining process may insist on resolving disputes through arbitration, just as nonunionized employers have had the right to do since the early 1980s.

The Supreme Court will decide another important employment arbitration question soon: Whether an arbitration agreement covering workplace claims should be interpreted to permit or requir...(register to read more)

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