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- Title
LABOR -- DISCRIMINATION CLAIM UNDER TITLE VII -- PRIOR ARBITRATION AWARD BARS SUIT.
- Abstract
This article presents the decision of the court based on the Title VII of the Civil Rights Act of 1964 regarding the claim of discharged employee for a racial discrimination. The employee was discharged for poor performance and claimed that the discharge was racially motivated. Rejecting the claim of discrimination, the arbitrator found just cause for the discharge. The district court, on a motion for summary judgment, ruled for the employer on the grounds that "We cannot accept a philosophy which gives the employee two strings to his bow, when the employer has only one." The Court of Appeals affirmed, holding that it was correct to deny the employee recourse to civil action as the arbitration award was binding on both parties.
- Subjects
EMPLOYMENT discrimination; RACE discrimination; ARBITRATION &; award; DISTRICT courts; IMPOSSIBILITY of performance; CIVIL rights
- Publication
Arbitration Journal, 1972, Vol 27, Issue 4, p291
- ISSN
0003-7893
- Publication type
Article