Employment Law

Gilmer v . Interstate /Johnson Lane Corp . 500 U .S . 20 (1991NameProfessorDateThe main issue to a lower place consideration in this case is whether a seize under the Age discrepancy in engagement exercise of 1967 (ADEA ) can be subjected to needful arbitrament pursuant to an arbitration agreement in a securities registration covering . Gilmer contends that it is not . Among the arguments raised by Gilmer atomic number 18 : a ) the absolute arbitration of claims under the ADEA pursuant to arbitration agreement is inconsistent with the purpose of the Federal Arbitration arranging b ) the compulsory arbitration of claims will bring down the affair of the EEOC in enforcing the ADEA c ) compulsory arbitration will denudate the claimant of the judicial fabrication provided for by the ADEA d ) compulsory arbitration should not be countenanced because of the inherent dissimilitude in the negociate power between the employers and the employeesThe Supreme judgeship affirmed the model of the United States Court of Appeals for the Fourth Circuit holding that an ADEA claim may be subjected to compulsory arbitration . The Supreme Court ruled that it does not see any inconsistency between the purpose of FAA and the enforcement of agreements to arbitrate under age discrimination claims The Sherman Act , the Securities Exchange Act of 1934 , RICO , and the Securities Act of 1933 all atomic number 18 designed to advance important public policies but claims under these statutes may still be subjected to compulsory arbitration . as well , it is incorrect to argue that compulsory arbitration will undermine the role of EEOC in enforcing the ADEA because a claimant subject to arbitration agreement is still free to a charge with the EEOC . Further , compulsory arbitration agreements will not deprive the claimants of their reform to prove judicial recourse under ADEA rather it even broadens the right of the claimants as they now have the right to select the forum for resolving their disputes whether judicial or otherwise .

Mere inequality in the bargaining power between the employer and the employee is not capable to hold that arbitration agreements should not be enforceable as it is precisely the purpose of FAA to place arbitration agreements in the selfsame(prenominal) footing as other contractsIn effect , the Gilmer case involve claimants who are under compulsory arbitration agreements to comply with the tell agreements before they seek judicial recourse even if it involves a claim under the ADEAIn the dissenting opinion of Justice Stevens , he argued that arbitration clauses contained in employment agreements are specifically disengage from coverage of the FAA thus respondent corporation cannot compel prayer to submit his claims arising under the Age Discrimination in Employment Act of 1967 (ADEA ) to compulsory arbitrationOne of the arguments raised is that the requirement of compulsory arbitration between the petitioner and the respondent is not embodied in the contract of employment . In fact it was admitted by two parties that there was no contract of employment between them . or else , theCompulsory Arbitration clause was embodied only in Gilmer s application for registration before the...If you want to get a profuse essay, order it on our website: Orderessay

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