CBAs Need Explicit Waiver To Prevent Bias Suits: 5th Circ.

Law360, Dallas (September 17, 2012, 8:19 PM EDT) -- The Fifth Circuit on Thursday held that collective bargaining agreements must have a clear and unmistakable waiver provision of statutory discrimination claims to prevent employees from filing suit, reversing a Texas federal court that threw out a case against United Parcel Service Inc.

The panel held that a former driver for UPS, Amber Ibarra, hadn’t waived her right to sue in court for alleged sex discrimination under Title VII of the Civil Rights Act when she agreed to arbitrate disputes under her union’s CBA because the...
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