Michigan
How Alexander v. Gardner-Denver Co. applies in Michigan: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Michigan law recognizes the principles of Alexander v. Gardner-Denver Co. by allowing employees to pursue employment discrimination claims through the Michigan Elliott-Larsen Civil Rights Act (ELCRA) even when arbitration has taken place. The state upholds employees’ rights to a judicial forum for discrimination claims irrespective of contractual obligations to arbitrate.
Under Michigan law, an employee's right to file anti-discrimination claims under the Elliott-Larsen Civil Rights Act is preserved even after participating in an arbitration that resolves other employment disputes.
The court held that an employee could pursue a statutory discrimination claim despite a binding arbitration agreement.
The court ruled that arbitration provisions do not waive an employee's right to bring discrimination claims under the ELCRA.
Affirmed that statutory rights under civil rights law are not extinguished by arbitration clauses in employment contracts.
Michigan's approach is more protective of employee rights compared to the federal standard under the Federal Arbitration Act, which allows stronger enforcement of arbitration agreements. In contrast, Michigan courts are willing to carve out exceptions to maintain access to judicial remedies for statutory discrimination claims.
Understanding the implications of Alexander v. Gardner-Denver Co. is crucial for the Michigan bar exam, especially regarding employment law and anti-discrimination statutes.