Remington Gregg

Toothless Rights: How Forced Arbitration and Class Action Waivers Undermine Civil Rights at Work

Toothless Rights:  How Forced Arbitration and Class Action Waivers Undermine Civil Rights at Work

Class and collective action empowers those that share the same experiences and injuries to stand together and assert their rights as a group, and they are critical to achieving widespread, systemic change. Class action waivers in mandatory arbitration agreements can erase all of these benefits, requiring employees to pursue their claims through individual arbitration. 

But a series of Supreme Court decisions since the early 1980’s has largely sanctioned and accelerated the propagation of forced arbitration, including agreements that prohibit class litigation.