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Ada Mediation After Sutton, Murphy And Albertson, James Levin
Ada Mediation After Sutton, Murphy And Albertson, James Levin
Faculty Publications
Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Faculty Publications
This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …