Where the U.S. Supreme Court has ruled that Section 1981 of the Civil Rights Act of 1866 prohibits racial discrimination in contractual relationships, to what extent is the use of the Federal Arbitration Act Unconstitutional?

QUESTION(S) PRESENTED 1. Where the U.S. Supreme Court has ruled that Section 1981 of the Civil Rights Act of 1866 prohibits racial discrimination in contractual relationships, to include employment and provides protection from unlawful retaliation, to what extent is the use of the Federal Arbitration Act , (“FAA”) Unconstitutional? 2. While the Civil Rights Act of 1866 (42 U.S.C. Section 1981) provides protection against retaliation in contractual relationships, to include employment, under what circumstances can retailation continue beyond a employment relationship and a second Complaint be barred by res judicata? 3. Where the U.S. Supreme Court has ruled that Section 1981 of the Civil Rights Act of 1866 prohibits racial discrimination in contractual relationships, to include employment and provides protection from unlawful retaliation, if an employee shares a employment relationship with two entities, where there is a contractual agreement to arbitrate with one entity but not a contract with the other, can the Federal Arbitration Act (“FAA”) be used by both entities? (No contract but still supervisor)