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59 Alb. L. Rev. 991 (1995-1996)
Are Mandatory, Binding Arbitration Requirements a Viable Solution for Employees Seeking to Avoid Litigating Statutory Employment Discrimination Claims

handle is hein.journals/albany59 and id is 1015 raw text is: COMMENTS ARE MANDATORY, BINDING ARBITRATION REQUIREMENTS A VIABLE SOLUTION FOR EMPLOYERS SEEKING TO AVOID LITIGATING STATUTORY EMPLOYMENT DISCRIMINATION CLAIMS? INTRODUCTION ................................... 993 I. THE STATUTORY FRAMEWORK OF THE FAA AND SUPREME COURT PRECEDENT-THE MOVEMENT TOWARDS COMPELLING THE ENFORCEMENT OF MANDATORY, BINDING ARBITRATION REQUIREMENTS THAT ENCOMPASS STATUTORY CLAIMS .................... 997 A. The Federal Arbitration Act (FAA) ............ 997 B. The Application of the FAA to Statutory Claims .. 999 1. The Early Cases-The FAA's Applicability is Limited to Non-Statutory Claims ........... 999 2. The Alexander Trilogy-Pursuing Union-Grievance Arbitration Does Not Preclude Employees From Later Asserting Statutory Employment Discrimination Claims in Federal Court ...... 1002 3. The Mitsubishi Trilogy-A Break in Precedent: The Extension of the FAA to Statutory Claims . 1006 II. GILMER V. INTERSTATE/JOHNSON LANE CORP.-THE APPLICATION OF THE FAA TO STATUTORY EMPLOYMENT DISCRIMINATION CLAIMS .......................... 1010 III. UNSETTLED ISSUES REMAINING AFTER GILMER ...... 1016 A. What is the Meaning of the FAA's Exclusion of Certain Contracts of Employment? . ........... 1016 B. Can Mandatory, Binding Arbitration Requirements Be Successfully Challenged as Unenforceable Adhesion Contracts? ....................... 1019

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