Question: Please Read Hooters case and answer the following questions: ( 1 ) List the elements in Hooters arbitration agreement cited by the Court in its
Please Read Hooters case and answer the following questions:
List the elements in Hooters arbitration agreement cited by the Court in its decision that the agreement was unconscionable. How could each rule be rewritten to create an equitable agreement for both parties in the arbitration?
Mandatory arbitration agreements, like the contract used by Hooters in this case, are becoming fairly commonplace among employers. The Economic Policy Institute argues that this trend toward increasing use of arbitration in consumer and employment relationships threatens to undermine decades of achievements in worker and consumer rights. Do you agree with this view? Why?
The Hooters organization has experienced numerous lawsuits in its thirtyplus years of existence, including lawsuits for sexual harassment; racial, pregnancy, disability and gender discrimination; ADA noncompliance; spam text messaging; wage violations; and many others. The US Supreme Court and Congress have been described as promoting a liberal federal policy of arbitration agreements. While arbitration can be a definite plus for companies to resolve disputes, what strategic steps could a company take to implement arbitration that simultaneously creates value and guards against abuse?
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