BINDING ARBITRATION OF EMPLOYMENT CLAIMS - THE SHIFTING LANDSCAPE

Since 1991, when the Supreme Court decided that employees may be force d to arbitrate statutory employment discrimination claims, the use of arbitration has grown exponentially. And the reasons are clear: In our litigious society, employers continually seek ways to resolve employm ent disputes quickly and cheaply. While employers have been quick to e mbrace arbitration, employees and even some governmental agencies have been equally quick to challenge it. This article surveys some recent developments in the area of arbitration of employment disputes, includ ing challenges to mandatory pre-dispute arbitration agreements and the view of the EEOC and the NLRB on such agreements. This article also e xamines arbitrators' authority to award punitive damages and attorneys ' fees and surveys recent legislation aimed at regulating arbitration agreements.