Question: Linda Bender brought an action in a federal court against her supervisor at A. G. Edwards & Sons, Inc., a stockbrokerage firm (the defendants). Bender alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964, which prohibits, among other things, employment discrimination based on gender. In her application for registration as a stockbroker, Bender had agreed to arbitrate any disputes with her employer.
The defendants moved to compel arbitration. The district court judge denied the motion, holding that Bender could not be forced to waive her right to adjudicate Title VII claims in federal court. The appellate court reversed, ruling that Title VII claims are arbitrable. The court held that compelling Bender to submit her claim for arbitration did not deprive her of the right to a judicial forum, because if the arbitration proceedings were somehow legally deficient, she could still take her case to a federal court for review. [Bender v. A. G. Edwards & Sons, Inc., 971 F.2d 698 (11th Cir. 1992)]
1. Does the right to a postarbitration judicial forum equate to the right to initial access to a judicial forum in employment disputes?
2. Should the fact that reviewing courts rarely set aside arbitrators' awards have any bearing on the arbitrability of certain types of claims, such as those brought under Title VII?