United States of America

Susan Corby and Pete Burgess
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Susan Corby: University of Greenwich
Pete Burgess: University of Greenwich

Chapter 12 in Adjudicating Employment Rights, 2014, pp 188-205 from Palgrave Macmillan

Abstract: Abstract In contrast to the other countries covered in this book, the adjudication of individual employment disputes in the United States is increasingly taking place through private arbitration, with awards normally remaining confidential to the parties only, rather than adjudication in a public institution with publicly accessible judgments. This growth of private arbitration over alleged infringements of statutory employment rights stems from the US Supreme Court’s rulings requiring the courts to defer to arbitrators’ decisions both in unionised and non-unionised workplaces. Moreover, the US Supreme Court has held that an employer/employee agreement to arbitrate a statutory claim, rather than litigate it, does not entail any waiver of an employee’s statutory rights; rather it is simply the substitution of an arbitral forum for a court forum.

Keywords: Collective Bargaining; Federal Court; Equal Employment Opportunity Commission; Jury Trial; Civil Court (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-1-137-26920-1_12

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DOI: 10.1057/9781137269201_12

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