Arbitrating employment claims: the state of the law

Article Abstract:

Compulsory arbitration clauses will probably be included in more employment contracts as employers become aware of the advantages of arbitration compared to litigation. Statutory civil rights claims were held to be arbitrable by the Supreme Court in 1991 in Gilmer v. Interstate Johnson Lane Corp. Several circuit courts have held that the Gilmer decision, which concerned a claim under the Age Discrimination in Employment Act, applies to Title VII claims as well. However, it is still uncertain whether the Federal Arbitration Act exclusion applies to compulsory arbitration agreements in employment contracts.

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The benefits of arbitrating ADA claims and an update on the conflict between the duty to accommodate and seniority rights

Article Abstract:

Claims of employment discrimination against disabled people arising under the Americans with Disabilities Act (ADA) can sometimes be settled through arbitration or other alternative dispute resolution. Congress intended that some ADA disputes would be resolved through arbitration because it is less costly, less time-consuming, and more flexible than litigation. Some Supreme Court rulings modified the enforceability of arbitration agreements in the ADA context. Also, seniority rights may complicate the arbitration of grievances under the ADA.

United States, Discrimination against disabled persons, Handicapped discrimination, Grievance arbitration, Employee seniority, Seniority

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Attendance-based bonus plans and the FMLA: does coming to work still pay off?

Article Abstract:

Attendance-based incentive programs need to be reviewed to avoid violating 1993 Family and Medical Leave Act (FMLA) provisions concerning discrimination against employees taking FMLA leaves of absence. Unscheduled absenteeism is discouraged by employers through attendance bonuses, production bonuses and penalities imposed on those taking unscheduled leaves. These policies need to exclude consideration of FMLA absences to avoid violating the Act but can still discourage employees from requesting FMLA absences indirectly.

Absenteeism, Bonus & Merit Payments, Prevention, Worker absenteeism, Absenteeism (Labor), Incentives (Business), Bonuses, Leaves of absence

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