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Title: The Use of Arbitration Clauses in Employment Contracts: A Case Study Analysis of Great Western Mtge. Corp. v. Peacock.

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Many union jobs have bargaining agreements that contain arbitration clauses. Arbitration clauses are also common in many other types of agreements, such as car and equipment leases, insurance contracts, construction/contractor’s agreements, financial and securities brokerage agreements and public contracts. What about individual employment contracts? Can they contain arbitration clauses? Read the Third Circuit Court of Appeals case of Great Western Mtge. Corp. v. Peacock, 110 F.3d 222 (3d Cir. 1997) and explain why the federal appeals court thought it was fair to compel plaintiff to arbitrate her sexual harassment/civil rights claims against her employer when, at the time she was employed, she had to sign a form agreeing to enter into an arbitration agreement as a condition of her hiring but had not had been given a full copy of that agreement. Do you think that the result was a fair one? If you are employed, check your hiring paperwork and company’s policies/procedures manual to determine which, if any, potential disputes you might be required to arbitrate and let us know what your situation is in that regard. If not, what other agreements, consumer or otherwise, that you’ve entered into have arbitration agreements contained within them?

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