Under the Federal Arbitration Act's (FAA) mandate favoring arbitration, numerous statutory claims are subjected to arbitration. For employment disputes falling under Title VII, competing approaches based on whether the employment agreement was a union or a non-union agreement, have been adopted. Union agreements to arbitrate employment disputes are generally not compelled to arbitrate. Conversely, in a non-union employment agreement, the broad arbitration clauses are interpreted to require arbitration of Title VII claims. These inconsistent rules have been applied to the detriment of non-union employees.
Christina S. Young,
NASD Applications Require Arbitration of Employment Disputes - Mouton v. Metropolitan Life Insurance Co.,
1999 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1999/iss1/10