Author Question: The government may not prohibit a political rally, but it may restrict when and where the ... (Read 54 times)

Starlight · **on:** Jun 24, 2018

The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet.
Indicate whether the statement is true or false

Question 2

Did the Court hold that the Alexander v. Gardner-Denver decision precluded arbitration of employment discrimination claims?

ebenov · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

T

Answer to Question 2

No. The Court distinguished the present case from the Gardner-Denver decision. It stated the Gardner-Denver decision involved the issue of whether arbitration of collective bargaining contract-based claims precluded subsequent judicial resolution of statutory claims, not the enforceability of an agreement to arbitrate statutory claims. The arbitration in Gardner-Denver occurred in the context of a collective bargaining agreement, and thus there was concern about the tension between collective representation and individual statutory rights that is not applicable in this case. It was also not decided under the FAA.