On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, and Waiver of Statutory Workplace Discrimination Claims Post-Pyett - Duraku v. Tishman Speyer Properties, Inc.

Authors

J. Nicholas Haynes

Abstract

During the 1960s, federal and state governments put into place a maze of statutes aimed at protecting the civil rights of minorities, both in society and in the workplace. While these statutes have undoubtedly lessened workplace discrimination for minorities in the United States, there are still some areas that are uncertain or unsettled, especially when a union is involved on behalf of the employees. More to the point, there has been a wealth of confusion as to whether the right to bring a statutory workplace discrimination claim can be waived when a worker joins a union and allows the union to bargain on their behalf. Most recently, in 14 Penn Plaza LLC v. Pyett, the U.S. Supreme Court took note of this uncertainty.

Recommended Citation

J. Nicholas Haynes, On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, and Waiver of Statutory Workplace Discrimination Claims Post-Pyett - Duraku v. Tishman Speyer Properties, Inc., 2011 J. Disp. Resol. (2011)
Available at: https://scholarship.law.missouri.edu/jdr/vol2011/iss1/13