Law, Business and Society 11th Edition by Tony McAdams

Exercise 28

Plaintiff Jonathan Gold was hired to work at defendant Deutsche Bank after completing his MBA degree at New York University. Before beginning employment, Gold signed various documents, including Form U-4 that the National Association of Securities Dealers (NASD) requires all registered representatives to sign. Form U-4 provides for arbitration for all employment disputes. Gold was fired after working about one year. He then filed suit claiming sexual harassment based on his sexual orientation. Deutsche Bank moved to compel arbitration. Gold resisted arbitration arguing, among other things, that Form U-4 was too difficult to understand and that it raised questions in his mind. Gold also showed that Deutsche Bank had certified that it provided Gold with the relevant NASD rules when it had not. Must Gold submit his claim to arbitration Explain. See Gold v. Deutsche Aktiengesellschaft , 365 F.3d 144 (2d Cir. 2004).