Explain the significance of the decision in Gilmer v. Interstate/Johnson Lane Corp as it relates to the enforcement of agreements to arbitrate employment disputes
What will be an ideal response?
Under Gilmer, the United States Supreme Court ruled that arbitration was a valid forum for
the resolution of a discrimination claim brought under the Age Discrimination in
Employment Act (ADEA), which is a statutory claim. The concern was that agreeing to
arbitration would force the employee to forgo substantive rights afforded by the statute in
question. The Court said this was not the case but, rather, by agreeing to arbitrate a statutory
claim the party was merely submitting to resolution in an alternative forum. The Court also
said that arbitration of a statutory claim is appropriate unless the statute itself said otherwise.
Because federal policy favors ADR, Gilmer means that agreements to arbitrate statutory
claims are more likely to be enforceable.
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