Louisiana
How Alexander v. Gardner-Denver Co. applies in Louisiana: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Louisiana law supports the principles enunciated in Alexander v. Gardner-Denver Co., particularly the notion that an employee may pursue remedies under both state and federal statutes for employment discrimination without being constrained by an arbitration agreement. The state emphasizes the protection of employees' rights in the workplace.
In Louisiana, an employee has the right to seek judicial relief for employment discrimination claims, even if they have previously pursued relief through arbitration per an employment contract.
The court ruled that arbitration agreements cannot bar an employee from pursuing statutory rights under state law.
This case allowed an employee to simultaneously pursue both administrative and judicial remedies for employment discrimination.
The ruling affirmed the employee’s right to file a lawsuit regardless of prior arbitration for the same issue under state employment discrimination laws.
Louisiana's approach aligns with federal law by allowing employees to choose between arbitration and litigation for discrimination claims. However, Louisiana law emphasizes that arbitration does not limit access to judicial remedies, which may provide broader protections for employees compared to certain federal arbitration standards.
Candidates should be aware of the implications of Alexander v. Gardner-Denver Co. concerning dual routes for discrimination claims as it is frequently tested in the employment discrimination section of the Louisiana bar exam.