EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission.

TITLE VII/ADEA/ADA/EPA: Mandatory Arbitration

May 20, 2008

Dear____:

This letter responds to your inquiry regarding the legality of an arbitration agreement that your employer has asked you to sign. Many courts have allowed employers to condition continued employment on their employees agreeing to arbitrate any employment disputes that subsequently arise. If you have concerns about whether the terms of your employer’s specific agreement are fair and enforceable, we suggest that you consult a private attorney.

Whether or not you ultimately sign or otherwise become subject to the agreement, you may file a charge of employment discrimination with the EEOC if you ever have reason to believe that your employer has discriminated against you on the basis of race, color, sex, national origin, religion, age, or disability. If you wish to file a charge, or to obtain more information about your rights with respect to employment discrimination, you may call EEOC at 1-800-669-4000.

Sincerely,

/s/
Reed L. Russell
Legal Counsel

This page was last modified on June 5, 2008.

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