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The Ties That Bind
It's no secret that over the last decade, employees have been able to obtain large damages awards from employers in Title VII claims. Accusations of glass ceilings and racial and sexual harassment, for instance, are regularly splashed across headlines. Juries often see a sympathetic plaintiff and an employer with deep pockets. The prospect of a runaway jury is a prime motivation for employers to seek mandatory arbitration of these claims. Arbitration can in some cases reduce the costs of litigation, provide greater confidentiality, and provide a decision that is more predictable and less charged with emotion. There has been much controversy over so-called mandatory arbitration agreements, but a number of Supreme Court decisions in the last two decades have substantially refined the law in this area since the seminal case of Alexander v. Gardner-Denver Co.
Supreme Court Rulings
In Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974), the Supreme Court decided that a union-represented employee was not precluded from bringing his Title VII claim in court even though he had arbitrated the same claim pursuant to a mandatory arbitration clause in the collective bargaining agreement governing his employment. The Court reasoned that, because an employee's rights are “individual” under Title VII, a union cannot prospectively waive these rights through a collective bargaining agreement with an employer.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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