Gilmer v. Interstate/Johnson Lane

In Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), the U.S. Supreme Court held that an arbitration clause which was definite enough to encompass a claim of discriminatory firing.

As subsequently explained by a federal district court:

“

When Mr. Gilmer registered as a securities representative with several stock exchanges, including the New York Stock Exchange (NYSE), he signed a registration application by which he "agreed to arbitrate any dispute, claim or controversy" arising between him and his stock broker employer "that is required to be arbitrated under the rules, constitutions or by-laws of the organizations with which I register." One of the rules of the NYSE provided for arbitration of "any controversy between a registered representative [**416] and any member . . . arising out of the employment or termination of employment of such registered representative." Id. at 23. The Court found Gilmer's claim that his employer terminated him for age discrimination in violation of a federal statute to be within terms of this arbitration provision. Id. at 35.

”

Charles v. V.I. Serv. Co., No. 1996-85(M), 1999 U.S. Dist. LEXIS 2007, at *4 (D.V.I. Feb. 16, 1999)