Podcast: Supreme Court 2019 - Arbitration, LGBT Are Top Workplace Developments
This podcast takes an in-depth look at key developments from this year's Supreme Court term affecting employers with Anthony Oncidi, head of the Labor and Employment Group for Proskauer's Los Angeles office, and XpertHR Legal Editor David Weisenfeld.
Most notably, the Court held 5-4 in Lamps Plus, Inc. v. Varela that employees may not compel their employer to face classwide arbitration when an arbitration agreement is ambiguous as to whether the parties agreed to submit disputes to class arbitration. It marks the latest in a series of close decisions permitting companies to bar class actions in court as well as in arbitration. In light of the ruling, Oncidi said employers that carve out arbitration exceptions for sexual harassment claims are making a mistake.
Also discussed is the Court's recent decision to weigh in on whether Title VII of the Civil Rights protects LGBT rights, an issue that has divided the federal appellate courts. The justices will hear that blockbuster case in their next term.