Forced Arbitration: A Bitter Pill to Swallow
"The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is a good beginning to rolling back the blanket imposition of unfair, one-sided forced arbitrations, but it is only a beginning," says Dallas attorney Quentin Brogdon.
March 09, 2022 at 08:51 PM
8 minute read
"Consumers are more likely to be struck by lightning than win a monetary award in forced arbitration. … More people climb Mount Everest in a year (and they have a better success rate) than win their consumer arbitration case."
Increasing numbers of corporations now require their employees and consumers to swallow the bitter pill of forced arbitrations. The nonpartisan think tank Economic Policy Institute found that in 2017 and 2018, up to 56% of non-union private-sector employees—more than 60 million workers—were subject to mandatory employment arbitration. Consumers of apps, services and products blithely click on "accept" as a condition of use without understanding they have unknowingly agreed to the forced arbitration of any dispute arising out of use of the app, service or product. Effectively, most Americans are barred from taking their employment and consumer-related disputes to court. Instead, they are forced to adjudicate these disputes in secret arbitration proceedings that disproportionately favor corporations over individuals.
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