Week one (8 Jul 22)

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Weekly Paper Assignment Rubric and Instructions

There will be one paper assigned each week. You may choose any topic from this week's readings. Gather information from the textbook and outside sources. You may use APA or MLA to format your citations, but YOU MUST use Times New Roman 11-point font, 1.5 spacing, and 1-inch margins. The paper length below refers to textual content. Title pages, abstracts, charts, graphs, pictures, references sections, etc. will not be considered as part of your page length. These are extras added to enhance the paper. Please cite all of your sources. This paper is due Friday night. The papers are worth forty points each week, for a total of 160 points.

Quality of Weekly Papers

Level 1

The topic is relevant to readings and covers information from the textbook. The textbook is cited as the source as well as at least one outside source.

Level 2

Level 1 plus – Paper uses personal examples and applies theories to the author's current position and circumstances. The Paper thoroughly covers the topic using at least three outside sources.

Level 3

Level 2 plus – Going above and beyond to provide cutting-edge trends and changes in the topic. The paper includes data from current sources and a chart or graph in appendices. The paper brings in information from current year sources and cites five sources outside the text. Cite sources in-text and include the full source at the end of the paper. The appendix includes visual representations of data and any examples referenced in the paper.

Week one Topic: Alternate Dispute Resolution

Pages: Five pages exclusively (plus title and reference pages = 7).

Textbook:

A rainbow over a city Description automatically generated with medium confidence

Chapter 6 Alternative Dispute Resolution

Employment Law: New Challenges in the Business Environment

6-2

 Appreciate the advantages arbitration maintains over the court system.

 Learn the trade-offs involved when arbitration is selected.

 Identify the exceptions to the mandatory use of arbitration.

 Be cognizant of Supreme Court rulings affecting arbitration.

 Realize that on matters where the Supreme Court has not ruled, jurisdictions may differ.

 Discern the future of arbitration.

Chapter Checklist

6-3

 The purpose of the Federal Arbitration Act (FAA) was to raise the credibility of arbitration agreements to the level enjoyed by other contracts.

 The FAA encouraged the use of voluntary arbitration agreements by providing for court enforcement.

Federal Arbitration Act

6-4

Advantages of Arbitration

Many employers favor the use of arbitration in employment disputes because it was designed as an alternative to litigation and is considered to be less expensive and less time consuming.

An arbitrator can only be overturned by a court only where the arbitrator acted out of self- interest, the decision was procured by fraud or corruption, the arbitrator exceeded his or her powers, or the decision was made with a manifest disregard for the law.

6-5

 For an arbitration program to be enforceable, it must be written out in simple terms.

 The purpose and scope of the arbitration agreement must be clearly stated.

 An employer must notify employees of the agreement’s effective date which constitutes employees’ willingness to be bound by arbitration.

 Employers should also acknowledge that they received notice.

 The arbitration process must be performed in accordance with the federal and or state rules of civil procedure.

When Arbitration is Selected

6-6

If an employee can show that the fee-splitting arrangement provided in the arbitration agreement creates a financial hardship that precludes him or her from the dispute, a court may invalidate the agreement.

Exceptions to Mandatory Arbitration

6-7

 An employer prior to requesting arbitration should raise concerns over fee-splitting arrangements if the employee believes it will present an undue financial burden.

 This was the reasoning applied in Bradford v. Rockwell Semiconductor by the Fourth Circuit Court.

 Fee-splitting of arbitration costs should be decided on a case-by-case basis.

Fee Splitting

6-8

 Comprehend the savings in cost and time by adopting an arbitration agreement.

 State the purpose and scope of the arbitration agreement.

 Use simple terms when drafting the arbitration agreement.

 Require employees to acknowledge in writing receipt of notice of the arbitration agreement.

Human Resource Advice

6-9

 Understand the benefits of avoiding a jury trial.

 Realize that the EEOC is not bound by an employee’s agreement to arbitrate.

 Ensure that an employee’s statutory rights are preserved in arbitration.

Human Resource Advice (Cont.)

6-10

 Today it appears to be resolved, that individual agreements executed between an employer and its employees, that include a provision to arbitrate an employee’s statutory rights under Title VII, the ADEA, and ADA are enforceable.

 An action brought in court may be stayed, with the court ordering the parties to arbitrate.

 The right to mandate arbitration is not absolute where the arbitration provision prohibits the awarding of attorneys’ fees, limits a party’s remedies, denies due process, or is otherwise unconscionable.

Summary

Slide Number 1
Chapter Checklist
Federal Arbitration Act
Advantages of Arbitration
When Arbitration is Selected
Exceptions to Mandatory Arbitration
Fee Splitting
Human Resource Advice
Human Resource Advice (Cont.)
Summary