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on employment discrimination law
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Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Section 1 of the Federal Arbitration Act excludes transportation workers only.

Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 121 S.Ct. 1302 (March 21, 2001) - Section 1 of the Federal Arbitration Act (FAA) excludes from the Act's coverage "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." In a 5-4 vote, the majority holds that the FAA only excludes transportation workers. The minority believes that the FAA excludes all contracts of employment. The main argument in favor of the majority is the maxim ejusdem generis. Where general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects of similar nature to those objects enumerated by the preceding specific words. The main argument in favor of the minority is that the legislative history indicates that the FAA was not intended to apply to employment contracts at all, and the reason for the specific enumeration of certain groups is that it was those groups most opposing the FAA at the time of its enactment. Click here to see actual case. 

 

 


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