In a major victory for employers, a New York federal circuit court ruled yesterday that an employer with a mandatory arbitration agreement with Goldman Sachs can require an employee to go to arbitration on a Title VII class action because Title VII contains no substantive right to pursue a pattern-or-practice sex-bias claim.

 

The employee

A UK case headed to the European Court of Justice involves an arbitration provision between two businessmen that requires that arbitration of all disputes be conducted only before an Ismaili Muslim arbitrator. The challenger contends that this provision breaches European laws against discrimination as well as the UK’s Equality Act 2010 by unfairly discriminating against

The National Labor Relations Board (NLRB) recently issued a decision interpreting the United States Supreme Court (“SCOTUS”) decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) as prohibiting the NLRB from awarding back pay to undocumented immigrants whose rights under the National Labor Relations Act (“NLRA”) were violated; even when their illegal

As predicted in a previous post, another employer has attempted to expand the recent Supreme Court decision upholding arbitration agreements to quash a potential class action sexual harassment case.

On Tuesday, O’Melveny & Myers, LLP argued before a California federal court that the recent AT&T Mobility v. Concepcion decision compels arbitration in a putative

Many employers choose to require employees to arbitrate all claims arising out of employment, including discrimination claims. Employers believe that arbitration will be a cheaper and more cost-effective method rather than going to trial. Although arbitration is not necessarily a panacea, as it is sometimes as expensive and time-consuming as litigation through the courts, the