President Obama issues executive order that “ends corporate immunity” and BANS “corporations who contract with the federal government from having forced arbitration clauses for their employees”!!

August 6, 2014

“It’s the biggest step forward in civil rights in the United States probably since the 1991 Civil Rights Restoration Act.” — Paul Bland, Executive Director of Public Justice. Some kind of “restoration” if the Act was supposed to strengthen disparate impact theory and allow for jury trials when 23 years later, the Supreme Court has stated that disparate impact theory is possibly “unconstitutional” and employers can have employees of color waive their full statutory rights as a condition of employment. Smh.

Bland also referenced a study conducted by Cornell law professor Alexander Colvin, which concluded that “arbitration outcomes are generally less favorable to employees than those from employment litigation.” It can be read here: http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1586&context=articles.

It’s time for Congress to pass the Arbitration Fairness Act so that no pre-dispute arbitration agreement signed as a condition of employment will be enforceable in a court of law. Employment discrimination cases, especially those involving allegations of racial discrimination, need to be decided in a public forum, with the merits ultimately being determined by an impartial  jury.

Written by MarcusLutherX Posted in Uncategorized Tagged with American Arbitration Association, arbitration, Arbitration Fairness Act, Civil Right Act of 1964, civil rights, deterrence, Federal Arbitration Act of 1925, forum, fraud, justice, mandatory arbitration agreement, mandatory pre-dispute arbitration agreement, pattern and practice discrimination, President Barack Obama, privatized quasi-judicial forum, procedural unconscionability, public policy, substantive unconscionability, unconscionability, unconscionable