According to the United States Supreme Court, statutory claims may be the subject of an arbitration agreement contained in an individual employment contract. In Garrett v. Circuit City Stores, Inc., the United States Court of Appeals for the Fifth Circuit analyzed whether claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) are subject to arbitration under the Federal Arbitration Act (FAA). The applicability of the FAA to employment contracts is an integral part of the analysis in this case. To determine whether arbitration is an appropriate forum for the plaintiff's claim, discussion of both the structure and purpose of the USERRA is necessary. In the instant decision, the Fifth Circuit adopted the Supreme Court's pro-arbitration stance, but the question of whether an agreement to arbitrate may, in some cases, be an inappropriate waiver of substantive statutory rights remains.
FAA and the USERRA: Pro-Arbitration Policies Can Undermine Federal Protection of Military Personnel,
2007 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2007/iss1/20