Demise of the FAA's Contract of Employment Exception - Gilmer v. Interstate/Johnson Lane Corp., The

Authors

Michael G. Holcomb

Abstract

The recent trend in the federal courts is to expand the scope of the Federal Arbitration Act2 (FAA) to include statutory claims. 3 Gilmer v. Interstate/Johnson Lane Corp. illustrates this trend by compelling claims under the Age Discrimination in Employment Act of 19674 (ADEA) to arbitration pursuant to an arbitration clause in an employment contract' But does this trend neglect the rights of the individual employee vis-a-vis his employer and does it undermine the purpose of the "contract of employment" exception in the FAA?' This Note will examine the Gilmer case and its adherence to the current trend of expanding the scope of the FAA in the area of statutory claims and also its refusal to address the issue of the "contract of employment" exception and to whom it should apply.

Recommended Citation

Michael G. Holcomb, Demise of the FAA's Contract of Employment Exception - Gilmer v. Interstate/Johnson Lane Corp., The, 1992 J. Disp. Resol. (1992)
Available at: https://scholarship.law.missouri.edu/jdr/vol1992/iss1/12