An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?
A)the agreements probably won't apply to any of its unionized employees
B)the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
C)the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
D)all of the above
E)none of the above

Question

Quizplus · Accepted Answer

A) Unionized employees may already have arbitration agreements in place through their collective bargaining agreements, which would override any mandatory agreements imposed by the employer.
B) The EEOC can still investigate claims of discrimination and pursue legal action on behalf of individuals, regardless of whether the employer requires arbitration.
C) Courts have ruled that arbitration agreements must provide employees with the same remedies as they would have in court, so any agreements that fail to do so would likely not be enforceable.

An Employer Considering Whether to Use Mandatory Arbitration Agreements Should