Burningbird
@swbell.net
| reply to tkdslr
Re: Wait for it......
"Those contract terms are unlikely to survive judicial review."
Actually, this is not wholly correct. Enforcement of mandatory arbitration agreements in employee contracts can typically survive judicial review, and has been enforced in cases of discrimination, including age, sex, and disability.
It depends more on the wording than anything else, as well as state where the suits are filed. See this article for more detail.
The arbitration companies will say that the EEOC (Equal Employment Opportunity Commission) supports arbitration. What the EEOC supports is post-dispute arbitration processes, willing entered into by both parties after the fact, and with protections in place to ensure the process is fair and impartial.
The EEOC does NOT support binding mandatory arbitration agreements, which is what the Arbitration Fairness Act of 2007 would eliminate.
|
