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Faber v. Menard

Topic(s): Arbitration
Workers' Rights
Date Of Involvement: 10/10/2003
Docket: 03-3075

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We represented an employee who argued that he cannot be forced to arbitrate his Age Discrimination in Employment Act (ADEA) claim under an arbitration agreement that forces him to bear his costs and attorneys' fees in arbitration, and thus denies him his statutory right under the ADEA to be reimbursed for those costs and fees were he to prevail in litigation.

On May 21, 2004, the court of appeals ruled against the employee, holding that the arbitration agreement was not unconscionable and did not impose excessive costs.