As companies have drastically increased their use of arbitration agreements in their employment contracts, workers have increasingly challenged those contractual provisions. Many courts have consistently struck down such agreements as unenforceable because they restrict an employee’s right to due process by denying them access to the court system in the event that they have a dispute with their employer.
On the other hand, other courts have upheld questionable arbitration agreements, so it was only a matter of time before the U.S. Supreme Court was going to hear a case on a matter that has increasingly impacted workers all over the country. Our courts need a decision from the top court in the country to guide them, so they can all start ruling consistently on this important matter.
That day is near as the U.S. Supreme Court is currently hearing three cases, all of which deal with the question of whether companies should be allowed to include arbitration agreements in their employment contracts.
Amidst the legal debate comes a study whose results will not be surprising to employee advocacy groups across the country: According to a recent survey conducted by Alexander Colvin, a professor at Cornell University, 59.1% of African-American workers, 57.6% of female workers, and 53.5% of male workers are working under employment contracts that include arbitration agreements. Continue reading