MBBP Employment Attorney Bob Shea has written an article titled “Massachusetts Supreme Judicial Court Upholds Right to Enforce Employment Arbitration Agreements“. The article discusses a recent decision by the Massachusetts Supreme Judicial Cuort (“SJC”), Joulé, Inc. v. Simmons, 459 Mass. 88 (2011), in which the SJC upheld an employer’s right to compel an employee to arbitrate her gender and pregnancy discrimination claims while the Massachusetts Commission Against Discrimination (“MCAD”) processed her complaint. In so doing, the SJC refused to give the MCAD primary jurisdiction over the claims and instead ruled that, assuming the arbitration agreement was valid, the employer was entitled to proceed with arbitration of the dispute. The article analyzes the SJC’s rulings and the practical implications for employers.
To read the full article, please visit our employment resources page.