The US Equal Employment Opportunity Commission (EEOC) and Wilkes-Barre, Pa.-based staffing firm OneSource Staffing, LLC reached a voluntary conciliation agreement to resolve two discrimination charges. The EEOC’s investigation into two disability discrimination charges revealed that OneSource Staffing required, as a condition of employment, that workers execute a mandatory arbitration agreement for disputes arising out of employment, including any arising under anti-discrimination laws enforced by the EEOC. The EEOC determined that the OneSource Staffing sought to enforce the agreement to prohibit employees from filing charges of discrimination with the EEOC and that such conduct was unlawful retaliation and interference with an individual’s exercise of rights under the Americans with Disabilities Act (ADA). In the conciliation agreement, OneSource Staffing agreed not to engage in employment discrimination or retaliation in the future. OneSource Staffing agrees it will modify its arbitration policy and notify employees that the arbitration agreement does not prohibit an employee from filing a charge with the EEOC, having the case investigated by the EEOC or from participating in an EEOC investigation. It will not use the arbitration agreement as a defense to any charge filed with the EEOC. The staffing company will also post a notice about the voluntary settlement. The EEOC will monitor compliance with the voluntary settlement for one year.
