Read thisscenarioand discuss the perceived advantages and disadvantages of signing the agreement. What are the risks in not signing? Are the terms of the agreement (a three step progression to resolution) fair and reasonable? In your discussion, consider the process involved in each step. If you were to bring up a claim of religious discrimination, what would likely be the result of a negotiation with your supervisor? Would you be confident of getting your issues resolved under the guidance of a qualified mediator? If the dispute made it through to arbitration, what is your level of confidence that you could make your case and prevail? Finally, based on consideration of many factors, do you sign?

You have been employed at-will for four years as a marketing specialist by BigBiz, Incorporated, at its Louisville, Kentucky corporate offices. Recently your supervisor requested that you sign an agreement to submit disputes arising out of your employment to alternative dispute resolution as a condition of continuing employment. You understand that by signing you are giving up the right to sue the company, including claims of discrimination.

You are apprehensive of giving up your rights to file a law suit because you believe you have been the victim of religious discrimination. Specifically, you wanted a day off work to observe a religious holiday and your supervisor refused on the grounds that your work on that day was essential and besides, you had never asked for such an accommodation before. You consult a friend who is an employment lawyer. He tells you that continued acceptance of at-will employment constitutes consideration under Kentucky law, which would make the agreement enforceable. If you refuse to sign, the company can fire you. He also advises you that your discrimination claim is "iffy."

The relevant part of the agreement reads as follows:

Any controversy, dispute or claim arising out of or relating to your employment by BigBiz, Incorporated (The Company), or termination of that employment relationship, shall first be settled through good faith negotiation through the company's employment dispute resolution program. If the dispute cannot be settled through negotiation, you and the Company agree to attempt in good faith to settle the dispute by mediation administered by Dispute Resolution Specialists, LLC. If you and the Company are unsuccessful at resolving the dispute through mediation, you and the Company agree to binding arbitration administered by Dispute Resolution Specialists, LLC. You and the Company understand that by agreeing to the terms of this agreement, both are giving up any constitutional or statutory right they may possess to have covered claims decided in a court of law before a judge or jury.

You must decide whether to sign the agreement.