Arbitrating Securities Industry Employment Discrimination Claims: Restructuring a System to Ensure Fairness
University of Pennsylvania Journal of Labor and Employment Law, Vol. 2, pp. 19-71, 1999
52 Pages Posted: 29 Oct 2009
Date Written: October 27, 1999
Courts, legislators, agencies, and employees of the securities industry are calling into question the present system requiring individuals to prospectively waive their right to a judicial forum and arbitrate their individual employment disputes in the forums specified by the securities industry. Even employers are conceding that the present system may not work as originally intended. This situation poses an intriguing question: Why are these various constituencies tentative in their support of arbitration, while even the securities industry has enthusiastically supported it?
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