In enacting Title VII, Congress specifically gave employees who are victims of discrimination based on race, color, religion, sex, or national origin the opportunity for judicial redress through the federal courts.2 In Alexander v. Gardner-Denver Co.,3 the Supreme Court held that a Title VII suit could be maintained despite a clause in an employment contract providing for the arbitration of all employment disputes. After Alexander, two federal circuit courts followed the Supreme Court's ruling.4 However, a recent trio of Supreme Court decisions favoring contractual agreements for the arbitration of several statutorily-founded claims5 cast doubt upon the continued applicability of Alexander to employment discrimination suits. It is in this context that the question arises once again.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.