Improving Employer Accountability in a World of Private Dispute Resolution

Hope Brinn*

Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes . But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements— has compromised this means of enforcement. This Note argues that state- enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.

*J.D. Candidate, May 2020, University of Michigan Law School. I am indebted to Professor Maureen Carroll for her invaluable guidance throughout this process. I would also like to thank Lisa Limb, Megan Brown, and the Notes Office for taking the time to review my Note and provide me with feedback.

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