by James J. Rooney, Esq.
Over the past couple of decades, there has been much debate over whether arbitration agreements can successfully prevent employees from asserting discrimination and other employment-related claims in court.
The idea—propounded by professional arbitrators as a surefire way to handle litigation in a faster, more efficient and cheaper manner—has caught on, thanks to several favorable Supreme Court decisions in the last decade. Simply put, arbitration is seen as a risk-limiting tactic because juries are removed from the equation. That means no runaway jury verdicts.
Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver.
What is a jury waiver?
A jury waiver is a contractual provision in which an employee waives the right to a trial by jury in a legal proceeding brought against an employer. Such a provision is most commonly found in employm...(register to read more)