Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
Fordham Urban Law Journal
The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly
Fordham Urban Law Journal
The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …