Can we end forced arbitration for employees?
The Attorneys General of all 50 states, the District of Columbia and 5 U.S. territories have sent a letter to Congress demanding that it take action to end forced arbitration for sexual harassment claims. They note that arbitration takes away victims' ability to have their case heard by a judge and jury, and that confidentiality provisions in arbitration agreements prevent serial sexual harassers from being exposed. This would be a good start, but the proposal doesn't go far enough. Forced arbitration should be banned in the employment context for all claims. Arbitration is supposed to be a matter of contract. Most employees who are subject to such "agreements," however, have absolutely no bargaining power. They are simply presented with the "agreement" as part of the on-boarding process, and have no ability to negotiate. Further, forced arbitration heavily favors employers. Research has shown that employees win arbitration cases in only 21.4% of ca...
Comments
Post a Comment