They prohibit employees from bringing claims before a judge or jury for wage theft, discrimination and other violations of federal law. Arbitration in the Absence of a Party or Representative.The Washington Supreme Court refused to enforce a mandatory arbitration agreement that was contained within an Employee Handbook. Under Maryland law, arbitration provisions in employment contracts are enforceable, as long as they comply with Maryland contract law principles. In the employment context, arbitration agreements are generally bilateral. Can a party waive an arbitration clause in an employment agreement if there has been no prejudice to the other party? In June 2018, Washington enacted three laws concerning discrimination claims in the workplace. RCW Ch. 7.06 requires that certain Washington civil lawsuits go to arbitration, even if the parties have no agreement to arbitrate.