Section 11 Remedies in Arbitration

• Library: Employment Discrimination 2008

It seems clear that, to be enforceable, an agreement to arbitrate statutory discrimination claims will have to afford the employee types of relief comparable to those that are available by statute. SeeCole v. Burns Int’l Sec. Servs., 105 F.3d 1465 (D.C. Cir. 1997); Paladino v. Avnet Computer Techs., Inc., 134 F.3d 1054 (11^th Cir. 1998). Many arbitration agreements incorporate the AAA Rules by reference. Rule 39.d, available at www.adr.org/sp.asp?id=32904#39, provides in part: “The...