Question.3812 - Many union jobs have bargaining agreements that contain arbitration clauses. Arbitration clauses are also common in many other types of agreements, such as car and equipment leases, insurance contracts, construction/contractor's agreements, financial and securities brokerage agreements and public contracts. What about individual employment contracts? Can they contain arbitration clauses? Read the Third Circuit Court of Appeals case of Great Western Mtge. Corp. v. Peacock, 110 F.3d 222 (3d Cir. 1997)Links to an external site. and explain why the federal appeals court thought it was fair to compel plaintiff to arbitrate her sexual harassment/civil rights claims against her employer when, at the time she was employed, she had to sign a form agreeing to enter into an arbitration agreement as a condition of her hiring but had not had been given a full copy of that agreement. Do you think that the result was a fair one? If you are employed, check your hiring paperwork and company's policies/procedures manual to determine which, if any, potential disputes you might be required to arbitrate and let us know what your situation is in that regard. If not, what other agreements, consumer or otherwise, that you've entered into have arbitration agreements contained within them?
Answer Below:
The xxxxx Circuit xxxxx of xxxxxxx affirmed xxxxxxx Peacock's xxxxxxxxxxx agreement xxxxx she xxx signed xx a xxxxxxxxxxx of xxx job xxx which xxxxxxxx her xx arbitrate xxx allegations xx sexual xxxxxxxxxx and xxxxx rights xxxxxxxxxx against xxx employer xx the xxxx of xxxxx Western xxxx Corp x Peacock xxx court xxxxxxxxxx that xxxxxxxxx agreement xx arbitrate xxx legitimate xxx enforceable xxxxxxxxxxxxxxx her xxxxx that xxx was xxx provided x complete xxxx of xxx arbitration xxxxxxxxx at xxx time xxx signed xxx initial xxxxxxxxxxxxx The xxxxxxxx administration xxxxxxxx Peacock xxx deliberately xxxxxxxxx to xxx conditions xx the xxxxxxxxxxx agreement xxxx before xxx after xxx job xxxxx the xxxxx underlined xxxxxxx respecting xxx choices xxx Federal xxxxxxxxxxx Act xxx which xxxxxxxxxx courts xx resolve xxxxxxxx in xxxxx of xxxxxxxxxxx when x legal xxxxxxxxx exists xxxxxx a xxxx presumption xx favor xx arbitration xxxxx is xxxxxxxxx in xxx verdict xxxxxxx signed xxx arbitration xxxxxxxxx under xxxxxx or xxxxxx but xxx court xxxxx no xxxxxxxx of xxxxx actions xxx arguments xxxx she xxxx signed xxx agreement xxxxxxx it xxx a xxxxxxxxxxx of xxx job xxx that xxx was xxxxx economic xxxxxxxx to xx so xxxx insufficient xx render xxx agreement xxxx The xxxxx stated xxxx provided xxx agreement xxx not xxxxxx under xxxxxxxx or xxxxx the xxx permits xxx implementation xx arbitration xxxxxxx even xx situations xxxxx there xx a xxxxx imbalance xxxxxxx the xxxxxxxx and xxx employee xxxxxxx was xxxx represented xx attorneys xxx the xxxxx noted xxxx she xxxxxx the xxxxxxxxxxx agreement xxxxxxx voicing xxx objections xxxxx that xxxxxxx was xxxxx several xxxxxxx to xxxx and xxxxxxxxxx the xxxxxxxxx and xxxx the xxx expressly xxxxxxxx arbitration xx a xxxxxxxxx for xxxxxxxx employment xxxxxxxx the xxxxxxx decision xxx seem xxxxxxxxxx From x different xxxxx though xxx result xxx be xxxx as xxxxxx because xx the xxxxxx power xxxxxxxxx between xxxxxxxxx and xxxxxxxxx in xxxxx circumstances xxxxxxxxxxx agreements xxxxxxxxxx restrict xx employee's xxxxxxxx to xxxx punitive xxxxxxx or x jury xxxxx among xxxxx complete xxxxx remedies xxxx critics xx arbitration xxxxxxxxxx contend xxxx employees xxx feel xxxxxxxxx to xxxxxx conditions xxxx benefit xxxxxxxxx Arbitration xxxxxxx are xxxxxxxxxx found xx consumer xxxxxxxxxx including xxxxx for xxxxxx cards xxxxxx phone xxxxxxxx and xxxxxxxxxxxx platforms xxxx mandate xxxx arbitration xx used xx resolve xxxxxxxx instead xx going xx court xxxxx provisions xxx also xx included xx leases xxx apartments xxxxxxxxxx rentals xxx warranties xx major xxxxxxxxx like xxxxxxxxxxx Consumers xxx be xxxxxxx in xxxxx capacity xx pursue xxxx comprehensive xxxxx outcomes xxxx they xxxxxxx to xxxxxxxxxxx as xxxx often xxxx up xxxxx right xx seek xxxxxxxxxxx legal xxxxxxxx or xx take xxxx in xxxxxxxxxxxx lawsuits xxxx crucial xx understand xxxxx conditions xxxxxx signing xxx such xxxxxxxxxxMore Articles From Business Law