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Article

30 Sep 2019

Author:
Dariely Rodriguez, Newsweek (USA)

Of course employers want to talk it out. But workers deserve their day in court

...For the past 30 years, the U.S. Supreme Court has interpreted the Federal Arbitration Act of 1925 to drastically expand its scope of coverage. As a result, many employers use arbitration clauses as a blank check to not only block workers' access to courts but also hide systemic wrongdoing from the public and minimize corporate accountability.

Last week, the House took a momentous step in the right direction by passing the FAIR Act, legislation that would prohibit forced arbitration agreements in employment, as well as consumer and other agreements. Now, the bill is before the Senate...

Arbitration inherently creates several advantages for corporations. First, the lack of transparency around the proceedings prevents workers from knowing whether other employees at their company have experienced the same illegal conduct. Second, workers often do not have the benefit of a neutral judge or jury. Third, arbitration rules differ notably from legal safeguards present in the courtroom.

Eighty-four percent of Americans support ending forced arbitration, according to a study conducted this past January. Support is largely bipartisan, with 87 percent of Republicans and 83 percent of Democrats favoring the end of the insidious practice...