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Gerald Was Hired by the Spectacular Tropical Aquarium (STA)and Agreed

Question 24

Multiple Choice

Gerald was hired by the Spectacular Tropical Aquarium (STA) and agreed to resolve any disputes arising out of his employment through arbitration.Even though Gerald was performing his job efficiently,he was fired when he became a Rastafarian.Without waiting for the results of the arbitration,Gerald filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) .The EEOC quickly filed a lawsuit on his behalf.STA moved to have the EEOC's lawsuit dismissed on the grounds that Gerald signed a valid mandatory arbitration agreement.In this scenario,the EEOC:


A) cannot bring an enforcement action against STA because Gerald did not wait for the arbitration results.
B) can bring its own enforcement action against STA despite Gerald's agreeing to arbitration.
C) cannot bring an enforcement action against STA because Gerald is an at-will employee.
D) can bring an enforcement action against STA as EEOC claims cannot be the subject of mandatory arbitration in any case.

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