In re the Marriage of Stilwell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Congress demonstrated a clear preference \to expand employees' rights and `to increase the possible remedies available to civil rights plaintiffs'\
• noting that, prior to 1991, Gardner-Denver was widely interpreted as prohibiting any form of compulsory arbitration of Title VII claims
• noting that Congress demonstrated a clear preference “to expand employees’ rights and ‘to increase the possible remedies available to civil rights plaintiffs’ ”
• stating that compulsory arbitration did not include the situation where an employee elects, after a dispute has arisen, to submit claim to arbitration, even if the underlying arbitration agreement is not enforceable
• “[N]either private arbitration nor the judicial act of enforcing it under the FAA constitutes state action.”
• “[UJnder the Civil Rights Act of 1991, employers may not [through compulsory arbitration agreements] compel individuals to waive their Title VII right to a judicial fornm.”

Source: CourtListener parenthetical corpus (CC0).