The law governing the arbitrationof employment discrimination disputes has undergone a remarkable evolutionduring the past nine years. At the beginning of the 1990′s the U.S. SupremeCourt, in Gilmer v. Interstate/Johnson Lane Corp., [FOOTNOTE 1] endorsed arbitration as an acceptable forum in which employers could compelemployees to resolve their statutory age discrimination claims.
In doing so, the Court rejectedchallenges to the adequacy of arbitration and its procedures as the byproductof an antiquated and out-of-favor hostility towards arbitration as a meansto resolve statutory claims.
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