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THE FEDERAL LAWYER
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Even though it is well settled that forum-selection
clauses are enforceable in the admiralty, commercial, and
international litigation contexts, the question remains as
to whether these clauses will be enforced in employment
cases, particularly in cases where statutory claims of
discrimination or retaliation have been asserted.
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Section 1558 of the New Patient Protection and
Affordable Care Act created a cause of action for
retaliation to be used by any employee who has been
discharged or in any manner discriminated against with
respect to his or her compensation, terms, conditions, or
other privileges of employment because of the employee’s
involvement with the PPACA.
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