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Eeoc V. Board Of Govenors Of State Colleges And Universities: Collective-Bargaining Agreements And Age Discrimination In Employment Act Claims: What Counts As Retaliation Under Adea Section 4(D)?, Edward C. Lyons

Edward C. Lyons

University governing boards and higher-education administrative bodies have a natural interest in avoiding litigation and minimizing administrative costs of alleged-wrongful-termination claims. As a result, universities and colleges often enter into specific collective-bargaining agreements providing for the opportunity to arbitrate such claims. One difficulty with such provisions, however, is that on occasion they may violate constitutional or statutory protections applicable to those claims. By way of illustration, some collective-bargaining agreements may attempt to require that all Title VII claims be submitted for binding arbitration. In Alexander v. Gardner-Denver Co.,1 however, the United States Supreme Court held that collective-bargaining agreements (CBA) requiring …