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In recent years a five-justice majority of the Supreme Court has repeatedly ruled in favor of arbitration. In 2010, the court handed down its decision in Rent-A-Center, West, Inc., v. Jackson, holding that courts should treat arbitration agreements in the employment context the same as arbitration agreements in commercial contracts. But contrary to the usual business-related dispute where the rights are determined by contract, an employment claim frequently does not arise out of the employment agreement and instead involves rights created by statute.

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