[lbo-talk] 14 Penn Plaza LLC v.Pyett

ESTHER GUTIERREZ ESTHER.GUTIERREZ at EEOC.GOV
Wed Apr 29 05:35:24 PDT 2009


I am concern with this Supreme Court decision. As I understand a collective bargained mandatory arbitration agreement that includes claims of employment discrimination is enforceable, even though a conflict of interest may exist between the union's interests and individuals.

Scenario: If a person who is excercising their rights because they have been subjected to harassment and a hostile work environment and identifies a statute that it is covered under Title VII, ADEA, ADA, EPA, etc. In retaliation for complaining about a protected activity the person(s) gets terminated. The union arbitrates the case and the final result is that the employee will return back to work and he/she will get retroactive pay. The employee goes back to work with the same person who has been harassing and subjecting him/her to a hostile work environment. What happens then? I am curious to learn how they will be protected from further retaliation.

Thank you.



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