Journal of American Arbitration
Since 1991, employers have increasingly decided to require that employees agree to arbitrate statutory employment discrimination claims as a condition of employment. This Essay seeks to expose some of the potential discriminatory components that may arise in the arbitrator selection process while highlighting the lack of legal remedy for those who believe that employers, in conjunction with neutral service provders, have stacked the pool in favor of having arbitrators who tend to be older, white and male. The Essay suggests the use of 42 U.S.C. Section 1981 as a potential remedy and challenge to the dearth of arbitrators of color being chosen to handle statutory employment discrimination claims. By bringing to light the paucity of arbitrators of color who are chosen to be in the pool of those who hear statutory employment discrimination claims, it focuses the inquiry on the overall integrity of arbitration as a fair dispute resolution system if claimants of color have virtually little chance of ever selecting an arbitrator of color to decide their employment discrimination dispute.
Michael Z. Green,
An Essay Challenging the Racially Biased Selection of Arbitrators for Employment Discrimination Suits,
J. Am. Arb.
Available at: https://scholarship.law.tamu.edu/facscholar/626