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- Title
THE FAIRNESS PROBLEM: MANDATORY ARBITRATION IN EMPLOYMENT CONTRACTS.
- Authors
GIESBRECHT-MCKEE, JANNA
- Abstract
The article focuses on the unfairness of mandatory arbitration clauses in employment contracts and the structural imbalance in arbitration because arbitrators are biased toward the employer. It mentions that inclusion of statutory rights unfairly burdens the parties Congress intended to protect in Title VII of the Civil Rights Act of 1964 and other anti-discriminatory statutes. It also mentions that the U.S. Supreme Court cases such as Gilmer v. Interstate/Johnson Lane Corp.
- Subjects
UNITED States; ARBITRATION clauses (Contracts); LABOR contracts; ARBITRATORS; CIVIL Rights Act of 1964. Title VII; LABOR laws; ANTI-discrimination laws; GILMER v. Interstate/Johnson Lane Corp. (Supreme Court case)
- Publication
Willamette Law Review, 2014, Vol 50, Issue 2, p259
- ISSN
0191-9822
- Publication type
Article