Employment-related claims could be on the rise after a recent U.S. Supreme Court decision determined that a collective-bargaining agreement which “clearly and unmistakably requires union members” to arbitrate age discrimination claims is enforceable as a matter of federal law.
The decision in 14 Penn Plaza LLC et al. v. Pyett (April 2009) comes on the heels of a U.S. Equal Employment Opportunity Commission announcement that job discrimination claims are at their highest since the agency was formed in 1965.
The plaintiffs in the court case were former unionized lobby watchmen in a New York City office building, whose duties were reassigned, rendering them porters and cleaners. These employees claimed age discrimination, ultimately filing a federal lawsuit against both their employer and the owner and operator of the office building.
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