Celesq® Programs

Mandatory Arbitration for Employment Claims And The Looming Showdown Between Federal And State Policy

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For many years, some employers have used mandatory arbitration agreements as a tool to protect against uncertainties of civil litigation, access a more efficient mechanism to resolve employment claims, and preserve the confidentiality of matters underlying such claims. However, as arbitration agreements have emerged as a useful mechanism to insulate against class action litigation and employer use has become more widespread, criticisms about such agreements have also become amplified in the wake of the #metoo social phenomenon. With multiple states having recently prohibited the use of mandatory arbitration with respect to some types of employment law claims, a legal showdown looms as to whether such laws should survive constitutional scrutiny and a federal policy that generally protects the use of arbitration. Join Foley & Lardner LLP partner Christopher Ward for a lively discussion about how things have gotten to this point, the pros and cons of arbitration agreements and criticisms of them, some crystal ball-gazing on how this legal battle will shake out, and the data points employers will want to work through if they are currently using, or are considering using, mandatory arbitration agreements.

Available in States

  • California
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Arbitration & Alternative Dispute Resolution
  • Constitutional Law
  • Corporate and Commercial Law
  • Employment & Labor Law
  • Federal Courts
  • Labor & Workforce Management Law
  • Labor Law
  • Regulatory and Administrative Law