Open AccessImproving Employer Accountability in a World of Private Dispute Resolution
Author(s) -
Hope Brinn
Publication year - 2019
Publication title -
michigan law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.41
H-Index - 51
eISSN - 1939-8557
pISSN - 0026-2234
DOI - 10.36644/mlr.118.2.improving
Subject(s) - enforcement , arbitration , statute , dispute resolution , legislation , settlement (finance) , law , state (computer science) , accountability , business , alternative dispute resolution , mediation , political science , law and economics , economics , finance , algorithm , computer science , payment
Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.