Arbitration is a form of alternative dispute resolution (ADR) that resembles a trial in numerous ways, but unlike a trial, there is neither a judge nor a jury. A neutral arbitrator (or panel of arbitrators) with dispute resolution training makes the final decision about the case. Courts all over the country welcome ADR as a way of relieving overburdened dockets. Employers frequently require workers to sign arbitration agreements stating that they will arbitrate any dispute that arises related to the employment instead of going to court. The New Jersey Appellate Division recently ruled that a plaintiff alleging national origin discrimination must submit his case to arbitration because of this kind of agreement.
National origin discrimination violates both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). According to the Equal Employment Opportunity Commission (EEOC), national origin discrimination includes discrimination because of:
– Actual national origin: A person, or their ancestors, came from a particular location; and
– Perceived national origin: The person has “physical, cultural, or linguistic characteristics” associated with people from that area.
The EEOC notes that the place of origin can be a country or former country, such as Mexico, Nigeria, or the Soviet Union. It could also be a region, such as Central America, Southeast Asia, or the Balkans. People from the United States may be subjected to national origin discrimination, too.