I apologize for not being clear, I am not as intelligent (I am mildly retarded, so no egos I carry, please continue to be brutally honest). I appreciate your replies and hope I can find some answers as this has been hurting my head.
1. All
I have not seen my employment contract either, but my attorney (whom I trust and she has been very kind to me) did and she indicated that I must go through arbitration. But she also said my case is very strong, even though she cant guarantee but that my burden of proof is not high as I fear it to be, so she was confident of an easy win. Having said that, my case was dismissed in arbitration to her big shock and she has asked me to move on. So this may be now an exercise at consolation, or who knows I might have some recourse left, like filing with EEOC for this particular incident (which I had not included in my original EEOC charge - as it had not happened by then. By the way my original eeoc charge was also dismissed with a right to sue) and that was the reason I commenced with arbitration, and since by that time the offer rescension had also happened so my attorney had included the event in the arbitration proceedings.
2. Why do you have the word "arbitration" in quotation marks? Why do you say that you "believe" this to be the case (as opposed to saying, "My employment contract requires. . . .")?
Sorry that is just my way of saying it. Language is not perfect, so I daily struggle with how to communicate effectively
3. How so? were you discriminated.
I was laughed at, joked at, bullied you can say ...
4. I take it you believe the termination was in retaliation for making the complaint. Correct? If so, what evidence do you have that this was retaliatory.
I dont have direct evidence, it is inferential, as series of incidents happened, adverse performance appraisals, adverse references given to jobs that I tried to secure.
5. So...a year after you were fired, the company extended, but then rescinded, an offer to hire you back. Correct? What was the reason for the rescission?
My employer gave me a bad performance before termination, which I was not aware of. During arbitration, they said it was a mistake (which happened for other candidates too) and since I was not only one affected, therefore they have no liability.
6. So you are saying, what I have been thinking, that once I left the company, that contract became not applicable? Sadly you and me are the only ones that agree with it. I appreciate your standing up though, budwad.
7. She said, there is no choice but arbitration.

