Respuesta :
The Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment was adopted by the Commission on July 10, 1997 (Policy Statement).
Since its publication, the Supreme Court has decided that the Federal Arbitration Act (FAA), which governs disputes between employers and workers, permits arbitration agreements relating to employment to be enforced. Adams v. Circuit City Stores, 532 U.S. 105 (2001). The Court has rejected objections to using the arbitral arena in numerous arbitration-related matters it has handled since 1997, both inside and outside the context of employment discrimination claims. These choices are in opposition to the 1997 Policy Statement.
The EEOC remains completely accessible to employees as a means of claiming EEO rights and conducting investigations in the public interest, regardless of whether the parties have signed into an enforceable arbitration agreement, according to recent case law. The Supreme Court ruled in 1991 that an arbitration agreement did not bar a person from filing a charge and requesting that the EEOC look into their claim.
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