In most forced arbitration cases, the laws that protect citizens from discrimination based on age, sex, religion, race, disability, and unequal pay for equal amounts of work, such as the Civil Rights Act and the Equal Pay Act have allowed for us, become meaningless and unenforceable in court. Employees lose important protections for blowing the whistle on waste or fraud or for fighting retaliation for taking the family medical leave.
As I stated above the arbitrations clause is a profitable gamble (if you want to call it a gamble) for the employer while the employee is left with a hefty bill and no employment. Arbitration clauses are to me as Kim Jong-Un is to North Korean. It’s a fancy clause placed into an employment contract to force employees to abide their “masters” or face unemployment. The situation with the Merrill Lynch employees was a rare case of the employees actually getting the upper hand.
Congress v. Arbitration
I realize that the government is viewed as a giant corporation, so expecting them to step in and prevent arbitration clauses from being placed in employment contracts is not likely to happen. However, Congress should be more willing to protect the working class from having to give up their hard earned rights simply to be able to have employment. After all wasn’t Congress created by the people and for the people?
Stone, K. (2011, March 5). Signing Away Our Rights. Retrieved September 16, 2015.