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Expert Analysis

9th Circ. Traces Limits Of Title VII Around Arbitration

Law360, New York (June 17, 2015, 12:12 PM EDT) -- Arbitration remains a preferred forum for many employers, yet courts may be wary of enforcing arbitration agreements against employee-plaintiffs. This has often been the case where employees made claims under Title VII of the Civil Rights Act of 1964, which provides for a statutory jury right that potentially conflicts with the Federal Arbitration Act. This is also especially true where the purported written agreement to arbitrate consists of the employee's written acknowledgment referencing a separate company manual that contains an arbitration policy....

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