Susan M. ROSENBERG, Plaintiff, Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and John Wyllys, Defendants, Appellants

LYNCH, Circuit Judge Circuit Judge.

The question raised is whether Congress intended to prohibit enforcement of pre-dis-pute arbitration agreements covering employment discrimination claims under Title VII and the Age Discrimination in Employment Act as a matter of law in all cases or at least under certain facts said to be present here. Every circuit that has considered the issue save one has upheld the use of such agreements. The case here, in which the district court refused to compel a plaintiff to arbitrate such claims when the employer wished to arbitrate under a pre-dispute agreement,…