A The arbitration clause is enforceable and binding on the EEOC B The

A the arbitration clause is enforceable and binding

This preview shows page 56 - 59 out of 67 pages.

A. The arbitration clause is enforceable and binding on the EEOC. B. The arbitration clause is enforceable and binding on the EEOC only if ABC Company provided EEOC with a copy of the agreement before the suit was filed. C. The arbitration clause is enforceable and binding on the EEOC only if Billy is the only employee who has been discriminated against under the Americans With Disabilities Act. D. The arbitration clause is not binding on the EEOC. E. The EEOC can avoid the arbitration clause only if it can show that it prosecuted ABC Company in the past and that ABC Company is a repeat offender. In the case of Equal Employment Opportunity Commission v. Waffle House, Inc., the U.S. Supreme Court ruled that the Equal Employment Opportunity Commission was not foreclosed from litigating claims involving an employee because the employee signed a mandatory arbitration agreement. AACSB: Reflective Thinking Bloom's: Apply Difficulty: Hard Learning Objective: 04-01 What are the primary forms of alternative dispute resolution? Topic: Primary Forms of Alternative Dispute Resolution 4-56
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Chapter 04 - Alternative Dispute Resolution 45. (p. 83) What type of dispute resolution process is med-arb? A. A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration. B. A process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on one or more points, move on to court-annexed ADR. C. A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful. D. A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful. E. None of the above are contained within the umbrella of med-arb. Med-arb is a dispute resolution process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, also agree to move on to arbitration. AACSB: Ethics Bloom's: Remember Difficulty: Medium Learning Objective: 04-02 What are other ADR methods? Topic: Other ADR Methods 46. (p. 83) What is a summary jury trial? A. An abbreviated trial that leads to a nonbinding jury verdict. B. An unabbreviated trial that leads to a binding jury verdict. C. An abbreviated trial that leads to a binding jury verdict. D. An abbreviated trial leading to a binding verdict in which only a few witnesses are called to the stand. E. A binding trial conducted by a panel of mediators after a failed mediation. A summary jury trial is an abbreviated trial that leads to a nonbinding jury verdict. AACSB: Ethics Bloom's: Remember Difficulty: Medium Learning Objective: 04-02 What are other ADR methods? Topic: Other ADR Methods 4-57
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Chapter 04 - Alternative Dispute Resolution 47.
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