Law Commons^™

Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller

Hofstra Labor & Employment Law Journal

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …