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Nine Justices And #Metoo: How The Supreme Court Shaped The Future Of Mandatory Arbitration And Sexual Harassment Claims, Tamra J. Wallace
Nine Justices And #Metoo: How The Supreme Court Shaped The Future Of Mandatory Arbitration And Sexual Harassment Claims, Tamra J. Wallace
Maine Law Review
When the Federal Arbitration Act was signed into law in 1925, none would have guessed it would be used to perpetuate a system of silence surround workplace sexual harassment. With the Supreme Court’s continued stance to liberally applying the Act to uphold arbitration agreements contained within employment agreements over the past decades, it is apparent that any change needed to protect vulnerable workers will need to come from federal legislation. The rise of the #MeToo movement across the nation, and throughout various employment sectors, may be the push needed to bring about the necessary change.
Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine
Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine
Articles
Mandatory arbitration agreements require employees, as a condition of employment, to agree to arbitrate all employment disputes instead of filing court suits. The Supreme Court has approved such agreements but many labor experts oppose them. The U.S. House of Representatives has passed a bill to prohibit pre-dispute agreements, the common form for mandatory arbitrations. This article argues that the House bill would have the practical effect of virtually eliminating employment arbitration. Instead, proposals are presented for either legislative or judicial steps to ensure that employment arbitration is fair and accessible. Requirements would include: (1) voluntary agreements on the part of …
Predictability Of Arbitrators' Reliance On External Authority?, Paige M. Skiba, A. Levinson, E. O'Hara O'Connor
Predictability Of Arbitrators' Reliance On External Authority?, Paige M. Skiba, A. Levinson, E. O'Hara O'Connor
Vanderbilt Law School Faculty Publications
Should arbitrators consider authority-such as statutes or case law-external to the collective bargaining agreement when deciding labor grievances? Do they rely on such external authority? If so, do they do so in particular circumstances or in certain types of cases? To provide more insight on this often-debated issue, we have amassed a new data set of hundreds of labor arbitration awards spanning a decade. In contrast to previous research, we find that the overwhelming majority of awards do not cite to any external authority (statutes, administrative authorities, case law, or secondary sources). Yet, only a small fraction of awards explicitly …