Elizabeth Garfield brought suit against her former employer, Thomas McKinnon Securities, Inc, claiming that McKinnon had discharged her on account of her age in violation of the Age Discrimination in Employment Act. McKinnon moved to dismiss the complaint and compel arbitration because Garfield had agreed to arbitrate any controversy arising out of her employment. She maintained that Congress did not permit persons to waive their statutory right to sue ADEA violations in federal court via the execution of an arbitration agreement. Ms. Garfield is
a. correct. In the national policy established by Congress, arbitration is not a favored way of resolving disputes.
b. correct. Rights arising under statutes cannot be arbitrated; only common law claims can be arbitrated.
c. correct. State law prohibits labor disputes from being submitted to arbitration.
d. incorrect. Most disputes can be submitted to arbitration, and public policy generally favors the private settlement of disputes.
Question 2
Multiculturalism is not defined by the AACTE as
A. Multilingualism & multidialecticism
B. Empowerment & equity
C. Cultural & individual uniqueness
D. Tolerance of cultural pluralism
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