Rembert v. Ryan Family Steakhouse, Inc

In Rembert v. Ryan Family Steakhouse, Inc, 235 Mich. App. 118; 596 N.W.2d 208 (1999), the Court interpreted an individual employment agreement and held that predispute agreements to arbitrate statutory claims, including CRA-based claims, are not against public policy and can be enforceable. The special panel indicated that such an agreement would be valid if: "(1) the parties have agreed to arbitrate the claims (there must be a valid, binding, contract covering the civil rights claims); (2) the statute itself does not prohibit such agreements; (3) the arbitration agreement does not waive the substantive rights and remedies of the statute and the arbitration procedures are fair so that the employee may effectively vindicate his statutory rights." Id. at 156-157. Ultimately, the matter was remanded to the trial court for a determination whether the plaintiff's agreement was enforceable in light of those requirements. Id. at 166.