In Alexander v. Gardner-Denver Co., the Supreme Court held that an employee was entitled to a trial de novo on a Title VII discrimination claim which also had been submitted to final and binding labor arbitration. The note analyzes the Alexander decision after first surveying the history and extent of deferral to labor arbitration by the NLRB and the courts. The conclusion is reached that Alexander is best viewed as a Title VII case defining Title VII rights, and that the Alexander decision does not represent a rejection of the national labor policy favoring the arbitration of labor disputes
Title VII of the Civil Rights Act of 1964 sets forth certain broad prohibitions of discrimination ag...
In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause...
The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted ...
In Alexander v. Gardner-Denver Co., the Supreme Court held that an employee was entitled to a trial ...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
In enacting Title VII, Congress specifically gave employees who are victims of discrimination based ...
This casenote examines a Ninth Circuit decision that considered the impact of the Civil Rights Act o...
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agre...
While the United States Supreme Court has repeatedly held that claims based on statutory rights may ...
During the Second World War labor arbitration came to prominence in the United States as an importa...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In Duffield v. Robertson Stephens & Company, the United States Court of Appeals for the Ninth Circui...
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress ha...
Respondent company laid off a number of employees as a result of its decision to contract out mainte...
In recent years, the Supreme Court has put up roadblocks for workers who seek relief in court for wr...
Title VII of the Civil Rights Act of 1964 sets forth certain broad prohibitions of discrimination ag...
In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause...
The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted ...
In Alexander v. Gardner-Denver Co., the Supreme Court held that an employee was entitled to a trial ...
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resol...
In enacting Title VII, Congress specifically gave employees who are victims of discrimination based ...
This casenote examines a Ninth Circuit decision that considered the impact of the Civil Rights Act o...
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agre...
While the United States Supreme Court has repeatedly held that claims based on statutory rights may ...
During the Second World War labor arbitration came to prominence in the United States as an importa...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In Duffield v. Robertson Stephens & Company, the United States Court of Appeals for the Ninth Circui...
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress ha...
Respondent company laid off a number of employees as a result of its decision to contract out mainte...
In recent years, the Supreme Court has put up roadblocks for workers who seek relief in court for wr...
Title VII of the Civil Rights Act of 1964 sets forth certain broad prohibitions of discrimination ag...
In Gilmer v. Interstate/Johnson Lane Corp. the Supreme Court enforced a mandatory arbitration clause...
The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted ...