Supreme Court Rule That Age Bias Claims Can Be Subject To Arbitration Under Collective Bargaining Agreements

A divided US Supreme Court narrowed union members' statutory right to sue in a judicial forum, holding 5-4 that courts must enforce collective bargaining agreements that clearly and unmistakably require union members to arbitrate their claims arising under the Age Discrimination in Employment Act of 1967 (ADEA). This means that unions, on their members’ behalf, can negotiate an agreement that requires its members to arbitrate their age bias claims. In this case, the union and the employer negotiated a collective bargaining agreement that provided that statutory discrimination claims, including ADEA claims, were subject to mandatory arbitration. The Court ruled that the ADEA does not preclude arbitration of claims brought under the statute. Justice Thomas wrote the opinion for the Court (14 Penn Plaza LLC v Pyett (April 1, 2009).