Billy Signs an Arbitration Agreement Providing That He Will Arbitrate

Multiple Choice

Billy signs an arbitration agreement providing that he will arbitrate any disputes with his employer,ABC Company.Billy believes that ABC Company has discriminated against him in violation of the Americans with Disabilities Act.The EEOC also investigated the situation and brought an action against ABC Company alleging that ABC Company discriminated against Billy in violation of the Americans with Disabilities Act.What is the effect of the arbitration clause in regards to the action brought by the EEOC?

A) The arbitration clause is enforceable and binding on the EEOC.
B) The arbitration clause is enforceable and binding on the EEOC only if ABC Company provided the EEOC with a copy of the agreement before the suit was filed.
C) The arbitration clause is enforceable and binding on the EEOC only if Billy is the only employee in the company who has allegedly been discriminated against under the Americans with Disabilities Act.
D) The arbitration clause is not binding on the EEOC.
E) The EEOC can avoid the arbitration clause only if it can show that it prosecuted ABC Company in the past and that ABC Company is a repeat offender.