Hazel Andrus believes her company has a systematic preference for males in executive positions, and that she has been denied a promotion because of this bias. Her employment contract contained an arbitration clause. Assuming the arbitration clause is fair and enforceable, can the EEOC still bring an action against the company on Hazel's behalf or is arbitration her sole way to enforce the law?

Question

Hazel Andrus believes her company has a systematic preference for males in executive positions, and that she has been denied a promotion because of this bias. Her employment contract contained an arbitration clause. Assuming the arbitration clause is fair and enforceable, can the EEOC still bring an action against the company on Hazel's behalf or is arbitration her sole way to enforce the law?​

Quizplus · Accepted Answer

The EEOC has an independent right to enforce anti-discrimination laws and can bring an action against a company regardless of any arbitration clause in an employment contract. Arbitration clauses do not limit the EEOC's authority to investigate or prosecute claims of discrimination.

Hazel Andrus Believes Her Company Has a Systematic Preference for Males