Employment arbitration agreements that trump federal punitive damages limits or shift arbitration costs to plaintiffs may have a tough time surviving, depending on which circuit has jurisdiction over the dispute.

Circuits have split over the validity of arbitration agreements that violate public policy by foreclosing statutory remedies, such as punitive damages or attorney fees, under Title VII of the Civil Rights Act of 1964. This raises the specter of national companies with employment arbitration terms valid in some parts of the United States but invalid in others.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]