Supreme Court's Republican majority reverses existing policy; holds employee has prospectively waived constitutional rights
Patrick Hall and Ava Ornter sued Stark Reagan, P.C., alleging a disciminatory termination of employment. The Court of Appeals held that the plaintiffs' allegations of illegal discrimination fell outside the mandatory arbitration agreement signed by the parties. Historically, Michigan has held that employees cannot be required to waive their constitutional rights as a condition of employment.
Alas, the latter is a naive assumption when Republican corporate and insurance interests control the Michigan legislature and court system. Last week the Republican majority on Michigan's Supreme Court reversed the Court of Appeals and dismissed the employees' claims. It held that regardless of the alleged violation of the Michigan Civil Rights Act, the employees would be bound by the terms of the employment contract signed before the alleged violations occurred.