ER $4$ EXAM

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$[$MegaTron$]$ Emilia filed a charge of discrimination with the Equal Employment Opportunity Commission $($EEOC$),$ alleging that her employer, MegaTron, failed to promote her because of her nationality and gender. The EEOC had already received several discrimination charges from other employees alleging similar conduct by MegaTron. When Emilia was hired, she signed an employment contract with a clause stating that all work$-$related claims must be resolved through arbitration.

If the EEOC filed an enforcement lawsuit based on the allegations of Emilia and other employees, what would a court likely do$?$

Multiple Choice

Dismiss the lawsuit due to Emilia's poor performance.

Dismiss the lawsuit because of the binding arbitration clause in Emilia's employment contract.

Allow the lawsuit to move forward, but only if Emilia recognizes no remedy outside of traditional litigation.