Jack works as a teacher for a private charter school. At the time he was hired, Jack was required to sign an employment contract. The contract provided that any disputes between Jack and the school would be decided by binding arbitration, with the costs to be split between the parties, before an arbitrator chosen by the school. Jack did not want to sign the agreement, and he objected to the arbitration clause. He was told that he had to sign if he wanted to work at the school, and that any other school would include the same type of arbitration clause.
Jack wishes to bring suit against the school for employment discrimination. He does not want to arbitrate the dispute, largely because he cannot afford the costs of the arbitration and he would prefer to have his case heard by a jury in court. He has learned that most private charter school employment contracts do not include arbitration clauses.
1. What are some grounds on Jack might seek to have the arbitration agreement set aside?
2. What additional evidence would he need to prevail on those grounds?
3. What factors might govern whether the court or an arbitrator would decide the validity of the arbitration clause?
