National Institute for Workers' Rights

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Forcing Employees To Arbitrate Workplace Disputes

Distinguishing between statutory and contractual rights, the Court finds that employees’ statutory civil rights exist independently of those derived by contract and holds that employees are entitled to judicial review even where claims of race discrimination have been pursued through final arbitration.

June 26, 2019

By NIWR

Alexander v. Gardener-Denver, 415 U.S. 36 (1974) Relevant Facts: An employee covered by a collective bargaining agreement alleged that he was fired because of racial discrimination. After filing a […]

The Court holds that, absent a countervailing federal statute, states may protect workers by prohibiting the enforceability of arbitration provisions in employment contracts as a matter of public policy.

June 26, 2019

By NIWR

Merrill Lynch, Pierce, Fenner, & Smith, Inc. v. Ware, 414 U.S. 117 (1973) Relevant Facts: A broker for the firm, Merrill Lynch, Pierce, Fenner, & Smith, Inc. (“Merrill Lynch”) […]

In promulgating a new “severability doctrine” the Court changes the standard for assessing the enforceability of an arbitration clause.

June 26, 2019

By NIWR

Prima Paint Corp. v. Flood Conklin Mfg. Co., 388 U.S. 395 (1967) Relevant Facts: Two companies entered into a contract. One sued the other for breach of contract and […]

The Court finds that the FAA does not apply to simple contracts of employment. It further holds that in a diversity suit, where state law controls, if a district court finds that the FAA does not apply, that court must enforce state statutes precluding arbitration.

June 26, 2019

By NIWR

Bernhardt v. Polygraphic Co. of America, Inc., 350 U.S. 198 (1956) Relevant Facts: A man was hired to work for a New York employer. The employee later moved to […]

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Forcing Employees To Arbitrate Workplace Disputes

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