THE IMPACT OF EMPLOYMENT ARBITRATION AGREEMENTS ON SEX-DISCRIMINATION CLAIMS - THE TREND TOWARD NONJUDICIAL RESOLUTION

Recent court decisions upholding the enforceability of arbitration Provisions in employment-related agreements have provided some employers significant opportunity to reduce their initial exposure to litigation. The reasoning of the Supreme Court in a case ordering arbitration of an age discrimination claim bas been applied by lower federal courts to sex discrimination cases. As a result, it is now clear that previous judicial reservations about whether arbitration was an appropriate method of dealing with discrimination claims have been effectively abandoned. This article examines these cases and the developing trend toward contractual arbitration of sex discrimination cases in nonunion workplaces.