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- Title
Arbitrability of Statutory Claims.
- Authors
Zuckerman, Susan C.
- Abstract
The article focuses on the ruling made by a Third Circuit court in the United States regarding the arbitrability of statutory claims in the employment case of Sheila Seus v. John Nuveen & Co. The Third Circuit court held that an arbitration clause in a brokerage employee's Form U-4 was valid and enforceable under the Federal Arbitration Act (FAA) and that it applied to the employee's Title VII and age discrimination claims. On appeal, the Third Circuit held that the arbitration clause in the Form U-4 was properly enforced under the Federal Arbitration Act. It was held that there was no implied repealer in the Age Discrimination in Employment Act (ADEA) or in Title VII of the FAA's provisions requiring the enforcement of agreements to arbitrate statutory discrimination claims. The court noted that the implied repealer argument had been made and rejected by the U.S. Supreme Court in a 1991 decision. With respect to Tide VII, the court held that because its aims and substantive provisions were similar to those of the ADEA, Title VII was comparable with applying the FAA to agreements to arbitrate Title VII claims.
- Subjects
UNITED States; ACTIONS &; defenses (Law); JOHN Nuveen &; Co. Inc.; EMPLOYEES; LABOR arbitration; LEGAL judgments; COURTS
- Publication
Dispute Resolution Journal, 1998, Vol 53, Issue 3, p90
- ISSN
1074-8105
- Publication type
Article