For those employees who joined WF after December 11, 2015, signed a "Mutual Arbitration Agreement". Realizing they don't want the negative publicity of lawsuits and force employees through an arbitration process, what other recourse do we have, if you have a case regarding Title VII?
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While they will probably get rid of older and more expensive employees, keep in mind they'll cover their bases on any EEOC related things. I got riffed around 2008 when they decided to eliminate positions in my org (they started with my boss who was new to the company). Part of the layoff info had relative ages of other people in the group that were NOT laid off so they could put doubt in your head about any EEOC age related items. I don't remember if they did this or not, but there could also be a clause in there that if you accept the severance you agree not to sue. Yeah, you're basically signing your termination agreement under duress.
Luckily for me there were other positions open and never had a lapse in service.
No, WF cannot stop you from sueing for a Title VII claim. But the EEOC does. You start the process not by suing, but by filing a complaint with the EEOC and/or your state counterpart agency. You literally cannot sue unless you go through the EEOC’s complaint process first and get a right to sue notice.
If you have a lawsuit under a Title VII, no arbitration can supersede federal law violations.
Start with that civil rights complaint first.
By chance, has anyone had the arbitration agreement reviewed by an Attorney?
The eeoc will sue Wells Fargo if there is not a carve out in the arbitration agreement that allows an employee to exercise their Title VII rights. They have sued other companies for this.