The court said that that the EEOC trumped the arbitration contract between the employee and the employer because the EEOC was not a party to the contract but had independent statutory authority to bring a suit to the court.
Some of the pros of
arbitration are that they are faster and cheaper than litigation, flexible and private. The cons of it are that while it might be cheaper than litigation in some complex cases could become very expensive, location can be a problem as well and they can also be unpredictable.
I think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly not fair. Companies are only looking to protect themselves when wrong doing and these agreements are definitely not made to protect the employee’s rights. Unfortunately, everyone needs a job and when desperate people sign paperwork without realizing the consequences this can bring in the future if a problem/accident was to come up at their job.
Fortunately, I have never had any experiences at work with any type of discrimination, but I am glad that we have an agency like the EEOC to protect employees from any type of discrimination and ensure that equal opportunity is given to employees.