Tuesday, August 06, 2002
Arbitration of discrimination claims Can an employer require its employees not only to arbitrate their discrimination claims (rather than bring a lawsuit in federal court), but also to give up their federal statutory right to an attorney's fee award? Seems to me that the answer is obviously "no"; but the Seventh Circuit had an awfully hard time getting to the correct answer in this (pdf file) case yesterday. One judge agreed with me; another judge agreed only because the employer had conceded the point at oral argument; and the third judge wrote only about a jurisdictional question.
posted by sam 10:46 AM
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