Given that the proportion of female and racial and ethnic minority workers varies considerably from sector to sector, we can also check whether the tax rate on mandatory arbitrations, along with the composition of the labour force in the sector, varies. The construction sector, which has a predominantly male workforce, has the lowest rate of mandatory arbitration taxation, while education and health, the industries with a female workforce, have the highest rate of mandatory arbitration taxation. This leads me to question whether employers in sectors that employ predominantly women or minority workers are more likely to decide on mandatory arbitration. Much attention has been paid to the use of mandatory arbitration agreements in consumer contracts, such as consumer financial contracts, mobile phone contracts and retirement home residence contracts, and the impact of these agreements on consumer rights.2 There is less awareness of the use of mandatory arbitration agreements in employment contracts. , but it is no less a problem for the workers concerned. These mandatory work reconciliation agreements provide access to justice for all types of legal rights, including rights to discrimination on the basis of employment and sexual harassment on the basis of Title VII of the Civil Rights Act, protection of workers with disabilities under the Americans with Disabilities Act, maternity rights, including maternity and health leave. , based on the Family and Medical Leave Act and the Fair Act`s minimum wage and overtime rights. Where a federal or regional labour law has been violated and the worker has signed a mandatory arbitration agreement, that worker does not have access to the courts and must instead deal with the debt through the arbitration provided by the agreement. It is important to remember that state contract law governs the application of an arbitration agreement. While arbitration agreements are generally correct, the specific laws of a state`s contracts may render a particular arbitration agreement unenforceable based on the facts of that case or contract.
The issue of consideration in contract law is a good example of how it works. An important concept in contract law is that a valid contract must be based on appropriate “reflection.” This means that for the applicability of a contract, the benefit of the contract must be negotiated, i.e. each party receives something valuable in exchange for another value. In arbitration proceedings, you give the employer an advantage by agreeing to provide future rights, so you should receive something valuable in return. For example, if an arbitration agreement is signed as part of the original employment contract, your employment can be effective – you give your rights to possible legal action in exchange for a position. However, what is a valid consideration in the context of employment varies from state to state. For example, in Baker v. Bristol Care, Inc., the Missouri Supreme Court found that an arbitration agreement was not considered if the agreement was based on continued employment (after the employee was hired).
Thus, the Missouri court found that the maintenance of the worker`s employment was not valuable enough to justify consideration for the benefits received by the employer (arbitration agreement) – the agreement was therefore unenforceable for lack of consideration. Courts in another state could have a different result on the basis of the same facts that are based on the law of that state`s contracts. In accordance with the informality of arbitration, the law in England and Wales is generally interested in obtaining the validity of arbitration clauses, even if they do not have the normal formal language associated with legal contracts.