Mandatory Arbitration For Armed Service Hires Is Upheld

The Ninth Circuit Court of Appeals, joining three other circuit courts, has ruled that the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not prohibit the compelled arbitration of claims made under the Act. Passed in 1994, USERRA protects active and reserve military personnel with regard to civilian employment before or after their active service. “The Ninth Circuit’s ruling helps solidify the right of employers to compel arbitration of USERRA claims under a valid arbitration agreement, particularly in light of this Circuit’s perceived hostility towards arbitration of employment-related claims,” writes Littler attorney George R. Wood. This ruling, he says, “provides further support for the view that a properly drafted arbitration agreement provides employers with the ability to arbitrate USERRA claims and avoid litigation.”