If the EEOC filed an enforcement lawsuit based on the allegations of Emilia and other employees, what would a court likely do?

A) Dismiss the lawsuit, because of Emilia's poor performance.
B) Dismiss the lawsuit because of the binding arbitration clause in Emilia's employment contract.
C) Allow the lawsuit to move forward, as long as Emilia gets no relief whatsoever.
D) Allow the lawsuit to move forward because the EEOC is not a party to the employment contract, and it has the authority to pursue relief for Emilia regardless of how the employer and employee agreed to resolve their disputes.
E) Allow the lawsuit because arbitration clauses in employment contracts are unconscionable.

Question

carlos cabrera · Accepted Answer

Final Answer : D, Explanation :  The EEOC is an independent federal agency with the authority to investigate discrimination complaints and enforce federal anti-discrimination laws. It is not bound by individual arbitration agreements between employers and employees because its mandate is to protect public interests in eradicating discrimination. Therefore, the EEOC can file a lawsuit on behalf of employees like Emilia, regardless of any arbitration clause in their employment contracts.

Definitions

Learning Objectives

Learning Objectives

Related questions