Forced arbitration affects an estimated 60 million working Americans each year, who as part of accepting a job, must accept fine print that takes any legal dispute out of a public courtroom and into a private arbitration setting where the company sets the rules. The company not only gets to set the fees an employee must pay, but also who will decide the dispute, where the arbitration will take place, confidentiality provisions, and all the other rules of the proceeding.

Unsurprisingly, corporations nearly always win.

According to the American Association for Justice, in years past, consumers were more likely to be struck by lightning than win a monetary award in forced arbitration. In 2020, just 577 Americans won a monetary award in forced arbitration, a win rate of 4.1%—below the five-year-average win rate of 5.3%.

President Biden in March signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 bill into law, which prohibits employers from forcing their workers into arbitration for allegations of sexual assault or sexual harassment..

Sexual Harassment

More than one in three...

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