The 1998 survey period presented an extremely active year in the employment discrimination arena, not only for the Eleventh Circuit, but also for the United States Supreme Court.' Three key decisions were rendered by the Supreme Court on sexual harassment and same-sex discrimination, and another decision was rendered on the arbitrability of ADA claims. Yet, ironically, in this year of inordinate Supreme Court activity in the field of labor and employment law, the Court's arbitration decision did not "live up to the hype" of being a landmark decision on the legality of mandatory predispute arbitration of statutory discrimination claims. On the Eleventh Circuit level, the court was presented with several issues of first impression in the area of unlawful retaliation and was also active in the application of the Supreme Court's new liability standard for sexual harassment. In all, as the following survey article will highlight, it was another busy year in the employment law realm in the Eleventh Circuit, with several noteworthy decisions being rendered.
Corbin, Peter Reed and Ruth, Richard L.
Mercer Law Review: Vol. 50
, Article 8.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol50/iss4/8