Arbitration Trend for Statutory Claims Grows: Supreme Court Gives the Green Light for Employers and Unions to Arbitrate Statutory Discrimination Claims

April 2009
Employment Law Notes
Since the early 1990’s, arbitration has been viewed by the courts as an option available to the parties in lieu of civil litigation for statutory discrimination claims. However, a major exception existed. Due to the longstanding precedent of the landmark “Gardner-Denver” case, this option was specifically precluded for the most common form of American workplace arbitration—the grievance/arbitration process found in the typical collective bargaining agreement (“CBA”).