Jordan Roach
Professor Jewsbury
MGMT 411
1/28/2018
Case Law Review 1
The case review I chose was Gilmer v. Interstate Johnson Lane Corp., and in my opinion I feel
that the Supreme Court decision made it seem that discrimination on the employees may be forced to
arbitrate the claims of the individuals. As the trail court decided to not agree with the defendant, they
tried to use the circuit court which made the change in favor of the defendant. It is very interesting to
me the swing back in fourth that the judges had during this trial. I would think the employees would
want to bring in a mandatory arbitration clause that would better protect them from these types of
situations. On the other side the employer should be able to protect themselves by making certain steps
for the employees to take to keep safe from arbitrator bias and even offer some sort of relief to the
employees and allows them time to find the facts. I felt that Gilmer just didn’t understand the policies
that came with the employees which made him which didn’t show a powerful review to the court. The
state court got the fact that was under the ADEA, which would not allow another side by side remedy. I
would think that all the agreements should be covered by the employee and employer work
relationship. Once it came out with the EEO lawsuit, I felt that Rockwell International made a specific
way that make the employees give information on arbitration which was the “Alternative Dispute
Resolution or ADR program,” which I find very beneficial for the business to keep employers and
employees on track. This allows the business to provide information to new employees to sign so they
would not have to battle this again. Also, the current employees that were involved had to sign
additional documents to be under the program as well. The only problem was that the clause had an