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Arbitration / Foundations WAFFLES ANYONE MODULE 4 CASE ASSIGMENT - Essay Example

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The supreme Courts decision for the Waffle house case was that an agreement between an employer and an employee to arbitrate employment disputes does not bar the EEOC from pursuing an independent lawsuit on the employees behalf and seeking employee- specific judicial relief…
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Download file to see previous pages This will allow the employee to feel much safer and will also permit for the possibility to catch companies that get the employees to sign a contract stating that arbitration is the deciding factor. This will also allow the employees to have a chance to speak up and bring out all the issues and conflicts that are being faced in the companies. Like how the EEOC investigated the claim and ultimately found probable cause that Waffle Houses actions constituted a violation of the ADA, this could be done in more companies and this can be used as a method to ensure that all employees are being treated equally and with due respect, irrespective of their cast, creed, religion, medical history. This will bring out the real action from the EEOC and will also bring about some kind of balance in the practical world, with a sure shot government agency dealing with the conflicts rather than just letting the conflicts pass by without any justice being given to the employees. As per the Court pointed to the plain language of Section 706 of Title VII, which gave the EEOC authority to bring suit in its own name with the purpose of securing relief for a group of aggrieved individuals. Due to the EEOCs exclusive jurisdiction over a charge filed for a period of 180 days, the Court concluded that "the EEOC is not merely a proxy for the victims of discrimination and that [its] enforcement suits should not be considered representative actions subject to Rule 23." This would bring out some balance in the practical world.
It would not be right to say that the arbitration would ensure that the employment disputes are kept out of court. There are several other issues that are also involved in every employment and conflict play a very important role in our everyday lives. This would mean that as long as there are people, conflicts will always occur and it is for the law to find unbiased, balanced, fair, without a conflict for interest, only based on evidence and not ...Download file to see next pagesRead More
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