Washington

Alexander v. Gardner-Denver Co. in Washington Law

How Alexander v. Gardner-Denver Co. applies in Washington: state-specific rules, key cases, and bar exam notes for Employment Discrimination.

State Approach

Washington recognizes the importance of protecting employee rights and allows for independent state claims for employment discrimination, irrespective of arbitrated resolutions. This mirrors the principles established in Alexander v. Gardner-Denver Co., emphasizing that arbitration decisions should not preclude access to judicial remedies.

State Rule
In Washington, employees can pursue statutory remedies for discrimination claims even if they have previously submitted to arbitration, thereby upholding their right to seek more comprehensive relief under state law.
Significant State Cases

McClarty v. Totem Ocean Trailer Express, Inc.

The court recognized that arbitration does not bar subsequent claims under the Washington Law Against Discrimination.

Cummings v. Washington State Dept. of Social & Health Services

The court ruled that the employee retained the right to pursue a claim under WLAD when arbitration did not address all relevant claims.

Wilkerson v. City of Seattle

The court determined that an employee's choice to pursue a remedy through arbitration does not eliminate the ability to litigate broader discrimination claims.

Comparison to Federal Law

While federal law, particularly in the context of the Federal Arbitration Act, can compel arbitration for discrimination claims, Washington law explicitly allows for separate judicial remedies, reinforcing employees' rights beyond what federal arbitration principles might suggest. This state distinction ensures broader access to legal protections for employees in Washington.

Bar Exam Note

Candidates should be familiar with the implications of Alexander v. Gardner-Denver Co. in Washington, especially regarding the interplay between arbitration and statutory employment discrimination claims, as it often appears in the exam's employment law scenarios.

Practice Pointers
  • Always evaluate if an arbitration agreement limits an employee's right to pursue statutory claims in Washington.
  • Stay updated on Washington-specific anti-discrimination laws and how they differ from federal statutes.
  • Advise clients on the potential avenues available for pursuing discrimination claims beyond arbitration outcomes.
  • Consider the timing of the filing of employment discrimination lawsuits, especially post-arbitration.
  • Review significant case law that clarifies the interaction between arbitration and discrimination claims in Washington.

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