Category: Arbitration: Civil Rights

Arbitration, Civil Rights: Ninth Circuit Rules Employer Can Expressly Require Arbitration Of Title VII Claims

1991 Amendment To Title VII Facilitates Waiver Of Statutory Remedies In Favor Of Arbitration      “Before 1991, ‘Title VII had been interpreted to prohibit any waiver of its statutory remedies in favor of arbitration.  Prudential Ins. Co. of Am. v. Lai, 42 F.3d 1299, 1304 (9th Cir. 1994).  But Congress reversed course with amendments to […]

Arbitration, Waiver & Civil Rights – Recommended Reading: “ADR Update: Dealing with AB 2617”

Article By Mediator/Arbitrator Paul Dubow Anticipates Arbitration Issues Arising From California AB 2617 And Proposes Solutions.      Paul J. Dubow’s article, “ADR Update: Dealing with AB 2617”, appearing in California Litigation, volume 28, No. 1, 2015, anticipates FAA preemption issues arising from AB 2617, passed by the California Legislature in 2014, and amending Civil Code […]

News/Employment/Civil Rights: Executive Order Limits Pre-Dispute Arbitration Clauses For Federal Contracts Exceeding $1 Million In Title VII And Sexual Assault/Harassment Cases

Fair Play and Safe Workplaces Executive Order Is Announced July 31, 2014      One of the impactful judicial trends in recent years has been the expanded use of arbitration in employment disputes.  Counter to that judicial trend is the recent Executive Order announced July 31, 2014 by the White House.      Section 6 of the […]