Agreements to arbitrate workplace disputes are enforceable even if the employer required the worker to sign the agreement in order to be hired, the court said. Ruling 5-4 for Circuit City Stores, the justices said a gay former employee cannot sue over alleged harassment at work. Arbitration has increasingly been used to resolve a wide variety of disputes including employment discrimination claims. Supporters of arbitration say it is less complicated and less expensive than a lawsuit. But employees' advocates say the process can be tilted toward employers and that workers forfeit certain rights.
Appeals often are limited, damages can be capped and fact-finding can be restricted.
Justice Kennedy wrote the opinion, being joined by Rehnquist, Scalia, Thomas and O'Connor. Justices Stevens, Ginsburg, Breyer and Souter dissented. The case is Circuit City Stores v. Adams, 99-1379. The Supreme Court of the United States and the United States Courts of Appeals have contributed to the generally prevailing confusion, ignorance and prejudice surrounding drug control laws and enforcement policies in this country. Generations of scientific research, scholarly analysis, and the reports of learned commissions have been almost completely ignored.