Can employers require that employees arbitrate employment discrimination claims?
An increasing number of employers are requiring, as a condition of employment, that applicants and employees give up their right to pursue employment discrimination claims in court and agree to resolve disputes through binding arbitration. These agreements may be presented in the form of an employment contract or may be included in an employee handbook or in an employment application. The use of these agreements is not limited to particular industries, but can be found in various sectors of the workforce, including, for example, the securities industry, retail, restaurant and hotel chains, health care, broadcasting, and security services. The enforceability of mandatory arbitration of statutorily-protected employee rights, such as the right to be free of discrimination on the basis of race, color, religion, national origin, age or disability, is controversial. Most federal appeals courts have upheld agreements mandating private arbitration of employment disputes and the United States S
Related Questions
- Are agreements between employers and employees to arbitrate statutory claims, such as employment discrimination, enforceable?
- Can non-County employees file a complaint of discrimination with the Office of Fair Employment Practices?
- Can employers require that employees arbitrate employment discrimination claims?
