if the finder of fact concluded that a company did in fact engage in an intentional pattern and practice of racial discrimination against African Americans and people of color for 112 years, would I be justified in seeking to have my employment discrimination claims, which include disparate impact and pre and post-hiring individual disparate treatment, decided by an impartial jury in the federal court — despite signing a mandatory, pre-dispute arbitration agreement as a condition of employment? Congress must pass the Arbitration Fairness Act!!

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