National Institute for Workers' Rights

Dismantling Barriers to Justice

Forcing Employees To Arbitrate Workplace Disputes

The Court overturns Alexander v. Gardner-Denver and rules that employees may be compelled to arbitrate employment discrimination claims brought under the Age Discrimination in Employment Act. Moreover, the Court opens the door to forcing other employment claims into arbitration, and places the burden of proving Congress’ intent to preserve access to a judicial forum on the employee.

By NIWR

Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991)   Relevant Facts: A stockbroker brought suit in federal court alleging his employer had discriminated against him in violation of the […]

The Supreme Court divests federal district courts of discretion in ordering certain claims into arbitration, yet concedes that “arbitration cannot provide an adequate substitute for a judicial proceeding in protecting the federal statutory and constitutional rights that §1983 [of the Civil Rights Act] is designed to safeguard.”

By NIWR

Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213 (1985)   Relevant Facts: A retired dentist invested his life savings in the stock market, only to lose the majority of […]