Justice Kennedy’s Impact on Employment Law

With the U.S. Supreme Court term winding down its term, the biggest news is the retirement of Justice Anthony Kennedy, effective July 31. Kennedy made a significant impact on the court, frequently casting socially progressive votes despite his generally conservative views. His decisions in gay rights cases serve as examples of Kennedy’s even-handedness in employment […]

Employers Win in Supreme Court Mandatory Arbitration Decision

As we noted in a previous post, the Supreme Court has been considering three cases that challenged mandatory arbitration in employment contracts. At odds were the Federal Arbitration Act (FAA), which provides that an agreement to arbitrate a dispute is enforceable and irrevocable, and the National Labor Relations Act (NLRA), which states that employees have […]

Mandatory arbitration for discrimination claims: Is the agreement itself discriminatory?

Mandatory arbitration agreements, which require employees to take discrimination claims to arbitration rather than court, are common in employment contracts, especially in larger employers. Many of those contracts go a step further, including class-action waivers that prevent employees from taking collective legal action. Now a survey from the Economic Policy Institute reveals that employees in […]