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Chapter 2 Notes

Mandatory arbitration agreements agreement an

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mandatory arbitration agreements - agreement an employee signs as a condition of employment, requiring that any workplace disputes be arbitrated rather than litigated; an exclusive remedy (meaning once arbitration is settled, you cannot then follow a lawsuit and it cannot be appealed) - EEOC may bring suit on behalf of employees on the basis of "pattern of practice" or "class action" suits because the EEOC is not a party to the arbitration agreement - p. 86 - 87 - Remedies (a way to right a wrong); can be equitable (provided when monetary damages do not do justice) or legal - back pay - money awarded for time employee was not working (usually due to termination) because of illegal discrimination - front pay - money awarded for time a claimant would have been in a job had illegal discrimination not occurred to keep him or her out
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- retroactive seniority - seniority that dates back to the time the claimant was treated illegally - make-whole relief - attempts to put claimant in position he or she would have been in had there been no discrimination - compensatory and punitive damages - disparate/adverse impact - effect of facially neutral policy is deleterious for Title VII group - p. 87 - exhibit 2.8 - Remedies under Title VII - gender (including sexual harassment) and religious discrimination have a cap of $300,000 total on nonpecuniary (pain and suffering) compensatory and punitive damages - there is no limitation on medical compensatory damages - the cap depends on the number of employees the employer has - race and nationality discrimination cases have unlimited compensatory damages
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