Summary
As more employees feel empowered by the #MeToo movement to discuss workplace sexual harassment claims in public, some experts worry that Monday’s Supreme Court ruling could undermine that effort.
Under the 5-4 ruling, employers can limit workers’ ability to band together in court to pursue redress for labor violations. The practice, known as forced arbitration, means workers can be contractually obligated to solve disputes out of court and individually, rather than in a class-action suit in front of a jury.
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William Gould IV, Stanford law professor and former National Labor Relations Board chairman, notes that the companies’ new policies apply only to sexual harassment claims. Forced arbitration remains intact for other employee claims, such as wage and racial discrimination.
Gould said Monday’s Supreme Court ruling could encourage employers to adopt arbitration agreements: “Why not eliminate your liability before going into court and being confronted by the government?”
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