Section 8 Enforceability of Agreements to Arbitrate Statutory Discrimination Claims

• Library: Employment Discrimination 2008

In July 1995, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Alternative Dispute Resolution Policy Statement, available at www.eeoc.gov/policy/docs/adrstatement.html, in which it announced its intention to use mediation to resolve discrimination charges filed with the EEOC. See Fair Employment Practices Manual (BNA) 405:7301. At the same time, it noted its opposition to mandatory arbitration agreements that were made a condition of continued employment. In July 1997, the EEOC issued another policy statement again opposing mandatory arbitration agreements that are a condition of employment. See Fair Employment Practices Manual (BNA) 405:7511. The EEOC instructed its field offices to challenge the validity of predispute arbitration agreements and to issue probable cause findings in all of these cases.

In Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), the Supreme Court clarified two important issues:

1. ...