The role of Equal Employment Commission is to protect employees and job seekers against discrimination by their employers based on race, creed, disability, age, sex, color, and religion. The overall objective of the employment discrimination laws is summed up by a phrase "equal opportunity." Whereas these laws do not achieve an equal outcome, they ensure that all job applicants and employees have same opportunity to be part of the employment market (Resnik, 2014).
The U.S. Supreme Court in EEOC v Waffle House, Inc., made clear the role the Equal Employment Opportunity Commission in identifying discrimination issues as a matter of the arbitration agreement (Resnik, 2014). On 15th January, the court gave its finding upholding the right of Equal Employment Opportunity Commission to find all the necessary remedies for work discrimination regardless of the agreement between the employee and the employer to solve their disagreement through binding arbitration (Resnik, 2014).
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The term arbitration refers to the methods which are regarded as alternative means of conflict resolution or ADR. The idea behind arbitration is to offer an alternative to filing the lawsuit or pursuing court processes which are traditionally known for solving legal disputes. While arbitration is largely viewed as an outdated way of conflict resolution, it has some advantages which cannot be brushed off. The informality of the process enables most of the low wage workers who are uninformed about the law to present their cases (Resnik, 2014). Arbitration is cheaper and faster compared to the formal legal procedures. Arbitration is more predictable process especially for simple cases which need quick resolution.
Even with the advantages, the process is blurred with many disadvantages especially at this era when workers' rights have become a concept of international concern. Since the process does not give room for negotiation, employees may resent the agreement. As a result, the employees may decide to be less productive at their workplaces. Secondly, since the process does not give room for an appeal, the process cannot be relied upon to deal with conflict effectively (Resnik, 2014). The process does not cover the disputes presented comprehensively or exhaustively, and thus it cannot fully settle disputes.
I do not believe that arbitration agreement between low wage earners who are not informed about laws and big companies would be fair. The process of arbitration gives limited room for negotiation, and thus the low wage workers would be suppressed with this process. I do not have any experience with regards to discrimination in the workplace and would not have anything to share with regards to perception.
Reference
Resnik, J. (2014). Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights. Yale LJ , 124 , 2804.
