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Reference - Sexual Harassment ADR

Question 87

Multiple Choice

Reference - Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico. He has been making inappropriate sexual comments to her and other employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that if she wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements. Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations. He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration. What is the effect of the arbitration agreement on Jenny's ability to file an action in court?


A) The arbitration agreement would not affect Jenny's ability to file a court action in a sexual harassment case although it would bar her right to file a court action in other types of cases.
B) The arbitration agreement would completely bar Jenny's ability to file a court action.
C) By law the arbitration agreement may only delay for 60 days Jenny's ability to file a court action.
D) By law the arbitration agreement may only delay for 6 months Jenny's ability to file a court action.
E) More information is needed regarding the provisions of the arbitration agreement before it can be determined if it would bar an action in court.

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