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Old 11-07-2010, 08:02 PM   #2
pushokalex1

Join Date
Oct 2005
Posts
418
Senior Member
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First I hate forced arbitration for the very reasons alluded to in the article, that the firms conducting that arbitration have a bias in favor of their employers. The same thing has been alleged regarding administrative agencies in the Federal government that are supposed to fairly decide actions brought by government employees. The administrative judges that are supposed to be impartial adjudicators of fact tend to disregard the employees claims and rule in favor of the government that employs them.

Though the Supreme Court has handed down some decisions which make absolutely no logic sense (decisions regarding the separation of Church and State come to mind) I cannot believe that the Court would rule that persons are not entitled to the equal protection of the laws.

O.K. I am not a lawyer but my reasoning is that unless someone expressly gives up a right provided to them by the constitution, like the right to petition the government for redress of grievances and the equal protection of the laws, the Court cannot take those rights away just because someone may happen to work for a company that entered into a contract with another firm. As an example if company X signs an agreement with company Y that they will not pursue charges of discrimination an employee of company X should not be prohibited from legal action against company Y if that firm hangs a noose from their front door to intimidate any non-white employees of company X as they enter company Y's facility.

I realize that example is a little extreme but it was the one that popped into my mind at the moment.
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