Steve Bennett, a partner at Jones Day, addresses the decision in 14 Penn Plaza v. Pyett, and the continuing development of Supreme Court precedent on the ability of parties (including a union, on behalf of its membership), to waive the right to court proceedings in cases of alleged workplace discrimination, in favor of an arbitral forum. Topics addressed include: A. Prior precedent, including Gardner-Denver and Gilmer B. Background of the dispute C. The opinion in Pyett D. Practical implications of the decision