The conventional wisdom is that employees asserting discrimination claims prefer to litigate in court while employers prefer arbitration. Some employers impose arbitration agreements on employees who have little to no bargaining power, and the issue of enforcing arbitration agreements has generated a fair amount of controversy.
The U.S. Senate is considering – and many expect it to pass – a bill to be called the Arbitration Fairness Act of 2009 that would make pre-dispute mandatory arbitration clauses in employment agreements unenforceable unless provided under the terms of a collective bargaining agreement.
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