Word of Caution on Arbitration’s Merits
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Attorney James McDonald’s anti-jury prejudice is showing in the Shop Talk item on arbitration (“Arbitration Clause Can Be Compelling,” July 31). He should tell readers that he represents employers, not employees.
An employee does not always get a “full and fair” hearing in arbitration. There are good arbitrators and bad ones. Many arbitrators have little experience in evaluating the human damages that result from racial, sexual or age discrimination, sexual harassment or other employer misconduct. Arbitration may bring a “faster resolution” of an employee’s claim than the crowded court system, but faster is rarely fuller or fairer.
It is true that some courts have forced employment claims into arbitration if an arbitration agreement exists. However, the courts closely examine any alleged arbitration agreement to see if the employee knowingly agreed to waive his or her right to bring a civil suit under anti-discrimination laws.
Also, an employee may still file a discrimination charge with the Equal Employment Opportunities Commission or the California Department of Fair Employment and Housing, even if an arbitration agreement precludes a civil lawsuit. Even in this anti-affirmative action era, the public has an interest in prosecuting discrimination in the workplace.
STEVEN R. PINGEL
Seal Beach
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