Legal Question in Civil Rights Law in Colorado

Is This Arbitration Agreement Legal?

Is it legal for a firm to deny a job to an admittedly ''very well qualified'' candidate, solely on the basis of their refusal to sign an arbitration agreement stripping the worker of his right to protect himself in the U.S. Courts systems against company violations of the Civil Rights Act of 1964? It also prevents legal action in response to sexual harassment, and has no provision for appeal or subsequent use of the court system should the ''final'' decision prove biased or inadequate. I've interviewed with this company, and both interviewers find me a very desirable candidate for hire, yet their H.R. rep told one of them they cannot offer me the job if I do not sign the agreement. The agreement itself says it is ''voluntary''. I'm no risk for litigation, but I find the very existence of such a document unethical. It suggests the company has a history of such problems, and rather than remove offending discriminators, they have chosen instead to tie the hands of the victims.

I am a top-qualifying candidate for the job. The only block to my hire is this agreement. Is their refusal to hire me unless I sign away my rights a legal act? Or should this company be reported to some agency?


Asked on 1/31/04, 12:41 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is This Arbitration Agreement Legal?

The federal agency in charge of such problems is the Equal Employment Opportunity Commission. They are in the blue pages in the front of your phone book under US Government. Give them a call.

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Answered on 1/31/04, 4:01 pm


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