An increasing percentage of the workforce in the United States is covered by pre-dispute mandatory arbitration agreements through which employees waive their right to bring suit under Title VII. Although these agreements are an important avenue for the resolution of disputes between employers and employees, these agreements have proved unsatisfactory. In this Article, I describe the advantages and disadvantages of arbitration agreements for employers and employees. I then explore whether pre-dispute mandatory arbitration agreements through which employees waive their right to a jury trial and agree to a bench trial of their Title VII claims are a more beneficial alternative. After deducting that such agreements should be held enforceable in the Title VII context, I explore the advantages and disadvantages of the bench trial alternative. I find the bench trial alternative avoids the disadvantages mandatory arbitration agreements pose while maintaining most of the advantages mandatory arbitration agreements offer. Thus, it seems that pre-dispute mandatory arbitration agreements though which employees waive their right to a jury trial and agree to a bench trial for their Title VII claims present a more beneficial alternative.
The Bench Trial: A More Beneficial Alternative to Arbitration of Title VII Claims,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol80/iss2/13