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; Lewton, Robert J.

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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