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Arbitration agreements

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Civil Rights Claims & Unaffordable Arbitration: Lack Of Employee Access To Arbitration, Christopher C. Cooper Dr. Apr 2010

Civil Rights Claims & Unaffordable Arbitration: Lack Of Employee Access To Arbitration, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

The decision by the New York Court of Appeals in Brady v. The Williams Capital Group, L.P., 2010 WL 1068163 (N.Y. Mar. 25, 2010) should cause us to note that some employer mandated arbitration agreements not only take away an employee’s right to sue the employer in court, but as well, impose arbitration costs\expenses on the employee. The employee who lacks funds is unable to make use of the arbitration process. An arbitration provision is not rendered inherently unconscionable because some of the arbitration costs will be imposed on the claimant. See Zobrist v. Verizon Wireless, 354 Ill. App. 3d …