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Alternative Dispute Resolution

Jun. 12, 2009

Clause for Alarm

Employers hoping to force workplace discrimination claims into arbitration have faced increasing obstacles, write Shelline Bennett and Elizabeth Avedikian.

FOCUS COLUMN

By Shelline Bennett and Elizabeth Avedikian

The enforceability of arbitration clauses in California is subject to a growing number of judicial disputes. In recent years, California employers who wished to require arbitration of employees' workplace discrimination claims have faced increasing obstacles by the courts' reluctance to uphold the validity of such arbitration clauses.

Since the California Supreme Court's premier dec...

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