Yes, yes. The law prohibits the conditioning of arbitration on “employment, maintenance of employment or the maintenance of an employment-related benefit” and applies to both candidates and employees. In the meantime, large employers should also be mindful of the potential costs of mandatory individual conciliation. Just last week, a California district court requested a delivery service to individually settle claims from more than 5,000 couriers. The couriers had signed all the arbitration agreements, but when the American Arbitration Association said the company owed about $12 million to commence the case, the company asked the court to remain the arbitration tribunal until a class action pending was allowed and the couriers were able to decide whether they wanted to participate. The court rejected the plea with a powerful quote: “This hypocrisy will not be blessed.” The differences between arbitration procedures and judicial engagement include: the FAA generally makes arbitration agreements “valid, irrevocable and enforceable” and has been expressly designed to reflect a national policy in favour of arbitration. Under the FAA, a state cannot enact or enforce laws that disrupt, restrict, treat unequally or discriminate remedies. On the other hand, some of the potential concerns related to mandatory arbitration include: As discussed above, we await a decision from the Luce Forward Court, which should determine whether Title VII arbitration agreements may include discriminatory claims in their scope. Almost all rights may be subject to an arbitration agreement if they arise from the employment relationship between the employer and the worker. Examples of claims that could be the subject are: Ingle v. Circuit City Stores, Inc., a May 2003 decision, the court drew its previous decisions to Ahmed and Najd on the basis that the complainant in Ingle had no useful opportunity to negotiate the arbitration agreement or any power to negotiate the terms of the agreement.
These facts justified the relevance of the procedure.