Building a New Bridge over Troubled Waters: Lessons Learned from Canadian and U.S. Arbitration of Human Rights and Discrimination Employment Claims

Authors

• Shelley McGill, Wilfrid Laurier University
• Ann Marie Tracey, Xavier University

Abstract

The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or quasi-judicial tribunals, recommending a balanced approach that combines the efficiency of arbitration with the accountability of public forums.

Disciplines

Civil Rights and Discrimination | Dispute Resolution and Arbitration | Human Rights Law | Labor and Employment Law | Law

Recommended Citation

Shelley McGill & Ann M. Tracey, Building a New Bridge over Troubled Waters: Lessons Learned from Canadian and U.S. Arbitration of Human Rights and Discrimination Employment Claims, 20 Cardozo J. Int'l & Comp. L. 1 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss1/3