Privatizing Antidiscrimination Law with Arbitration: The Title VII Proof Problem
Montana Law Review
This Article will examine the bona fides of the competing claims for and against waiver. The Article's first part demonstrates how Title VII lost its pedigree and concomitant judicial attention over time. This part shows the Supreme Court's shift from its liberal interpretation/employee protectionist model that limited the role of non-judicial players such as arbitrators. This interpretive shift, narrowing statutory guarantees, was part of the foundation of waiver jurisprudence.
Stephen A. Plass, Privatizing Antidiscrimination Law with Arbitration: The Title VII Proof Problem, 68 MONT. L. REV. 151 (2007).