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- Title
Not What They Bargained For: Directing the Arbitration of Statutory Antidiscrimination Rights.
- Authors
Boyarsky, Stuart M.
- Abstract
The article examines how the U.S. Supreme Court, via its decision in the 2013 court case, Penn Plaza LLC v. Pyett, has moved away from its 35 year precent against obliging employees to pursue their individual statutory claims in arbitration. The interpretation of the lower courts of the decision and the implications of the decision on future employer/union negotiations are detailed. Also discussed is the Court's decision in the court case, Alexander v. Gardner-Denver.
- Subjects
UNITED States; PENN Plaza LLC; UNITED States. Supreme Court; STATUTORY remedies; ARBITRATION (Administrative law); ALEXANDER v. Gardner-Denver Co. (Supreme Court case); ACTIONS &; defenses (Law)
- Publication
Harvard Negotiation Law Review, 2013, Vol 18, p221
- ISSN
1556-0546
- Publication type
Article