The U.S. Supreme Court will consider the following employment cases during this term.
Are arbitration clauses in collective-bargaining agreements enforceable when it comes to federal employment discrimination claims? Can a union bargain away the right to take discrimination claims to court?
Penn Plaza LLC v. Pyett will decide that issue. A group of night watchmen claimed that their employer, Temco Service Industries and the owner of the New York City building where they worked, 14 Penn Plaza, discriminated against them on the basis of their age, violating the Age Discrimination in Employment Act of 1967.
The companies argued that the employees’ union grievance procedure was the sole remedy for all employment discrimination claims. The workers countered that their individual rights must be maintained.
The case is Pyett v. 14 Pennsylvania Building, 498 F.3d 88 (2nd Cir., 2007), cert. granted, 14 Pe...(register to read more)