8.151.20 Arbitration agreements - Whether agreement is enforceable - General principles - Agreement cannot require that employee forego substantive rights


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Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law. ------------------------- Chapter 8 - Pre-Trial Resolution 8.100 Arbitration agreements 8.150 Whether agreement is enforceable 8.151 General principles 8.151.20 Agreement cannot require that employee forego substantive rights D.C. Circuit In Booker v. Robert Half Intern., Inc., 413 F.3d 77 (D.C. Cir. 2005), the court held: Statutory claims may be subject to agreements to arbitrate, so long as the agreement does not require the claimant to forgo substantive rights afforded under the statute. See, e.g., Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 (1991); Cole v. Burns Int'l Sec. Servs., 105 F.3d 1465, 1481 (D.C. Cir. 1997).


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