While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will allow an employer to require its employees to sign an MAA covering Title VII claims as a condition of employment.
Steven S. Poindexter,
Pre-Dispute Mandatory Arbitration Agreements and Title VII: Promoting Efficiency While Protecting Employee Rights - EEOC v. Luce, Forward, Hamilton & (and) Scripps,
2003 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2003/iss1/15