Originally from Dispute Resolution Journal

Some employers have barred employees from simultaneously pursuing discrimination complaints in both arbitration and the courts. Courts have held unions liable for entering into contracts that don't allow members to arbitrate discrimination complaints. The Supreme Court has ruled that the arbitration of a racial discrimination complaint does not waive the employee's right to sue in the courts. The authors argue that given the enormous backlog of discrimination cases filed with the EEOC- some 46,000-it is best to promote multiple forums for resolving these complaints.