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Privatizing Justice
Sarah L. Staszak
其他書名
Arbitration and the Decline of Public Governance in the US
出版Oxford University Press, 2024
ISBN01977717269780197771723
URLhttp://books.google.com.hk/books?id=x-78EAAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋"In early 2018, the text of an employment contract surfaced on Twitter. Munger Tolles & Olson, a prominent Los Angeles law firm, required its summer associates to sign a contract that contained a binding arbitration clause. In and of itself, this was not unusual; binding arbitration clauses are ubiquitous in today's employment contracts. They require employees to submit all employment related grievances to a private, binding system of arbitration and to forfeit their access to the legal system. But this contract was unusually explicit in spelling out the true enormity of what it required new associates to give up. In addition to explaining that, by agreeing to arbitrate, "you are giving up your right to a jury trial," it specified that employment-related claims would include, "without limitation," all "federal, state and local statutory, constitutional, and contractual and/or common law claims." The contract went on to highlight a few examples, such as all claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, as well as a variety of similar state laws. Combined with a non-disclosure requirement, the clause all but ensured that any arbitration proceedings would be kept private, no matter how grave the injury or how unsatisfactory the dispute resolution process"--