Section 7 Waivers of Statutory Rights for Nonunion Employees

• Library: Employment Discrimination 2008

As pointed out in §21.6 above, in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), the Supreme Court held that employees
not covered by a collective bargaining agreement may waive their right to a federal forum for their claims of employment discrimination. Under Gilmer, because arbitration is a matter of contract and consent, a court first considers whether a valid agreement to arbitrate exists and, if so, whether the “dispute falls within the scope of the arbitration agreement.” Keymer v....