Federal employment bias claims may be subject to grievance arbitration — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Federal employment bias claims may be subject to grievance arbitration

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in Discrimination and Harassment,Employment Law,Human Resources

by Elizabeth B. Bradley and Bob Ludolph, Esqs.

On April 1, the U.S. Supreme Court held that arbitration provisions in collective-bargaining agreements that clearly and unmistakably require arbitration of Age Discrimination in Employment (ADEA) claims are enforceable. 

The Supreme Court’s ruling in 14 Penn Plaza LLC v. Pyett barred age discrimination claims brought by several employees because their exclusive remedy was through their grievance arbitration mechanisms. The court’s ruling will have an immediate and substantial effect on the processing of employment discrimination claims by unionized employees.

ADEA claims dismissed

The employees were members of the Service Employees International Union (SEIU), Local 32BJ and employed by Temco Service Industries, a maintenance service and cleaning contractor. 

The employees worked as night lobby watchmen for Temco’s client, 14 Penn Plaza, a New York City office building. W...(register to read more)

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