Employee Dispute Resolution Programs: Are They Enforceable and Are They a Good Idea?

September 26, 20011:15pm
SACIA, One Landmark Square, 2nd Floor, Stamford
As the cost and frequency of employment-related litigation continues to rise, internal dispute resolution programs requiring employees to mediate and/or arbitrate wrongful discharge, discrimination, harassment and other types of claims have become increasingly popular. The U.S. Supreme Court seemed to put its stamp of approval on such programs with its recent holding in Circuit City Stores, Inc. v. Adams that the Federal Arbitration Act is generally applicable to employment contracts and thus compels judicial enforcement of valid arbitration agreements between an employer and an employee. Circuit City, however, left open far more questions than it answered. This seminar will explore those open issues and survey the current legal landscape of this crucial area of employment law. Among the items that will be covered are:
  • What exactly did the Supreme Court say in Circuit City and what didn't it say?
  • Are statutory claims under Title VII, the ADA, and other civil rights laws subject to compulsory arbitration?
  • Can employees be required to arbitrate state law claims?
  • How should an arbitration program be structured in order to survive a "fairness" attack?
  • What is the scope of judicial review of arbitration awards?
  • Is arbitration really panacea--what are the pros and cons?

Be sure to bring your lunch - SACIA provides beverages and dessert!