Since its inception in 1985, NELA has been a leader in opposing forced arbitration of employment claims and it is one of our top legislative priorities. Forced arbitration denies individuals access to our country’s civil justice system when employers violate our nation’s employment and civil rights laws.
Forced arbitration of workplace claims is anathema to our public justice system because it occurs in secret, private tribunals in the absence of accompanying legal safeguards, such as a written record of the arbitration proceedings, the right to appeal the arbitrator’s decision if the law is not applied correctly, or other guarantees that ensure a fair process that exist in a court of law. The practice is widespread, affecting every segment of the workforce from minimum wage workers to our nation’s servicemembers to highly compensated professionals who are compelled to give up their right to go to court when they believe they have been illegally treated in the workplace in order to get or keep a job.
Arbitration is an appropriate way to resolve disputes when it is knowingly and voluntarily agreed to by the parties after a dispute arises. This includes the protection of workers’ substantive legal rights, such as their right to join together using voluntary arbitration or the courts to challenge discriminatory employment practices, violations of wage and hour laws, or other unlawful actions by the employer.
Join NELA In Ending Forced Arbitration Of Workplace Disputes
As a leader of the Fair Arbitration Now Coalition, NELA is educating the public and policymakers on the need to ban forced arbitration. In fighting against forced arbitration, NELA and our members:
- Lobby Congress for legislation that would prevent employers from forcing workers to give up their right to go to court—and accompanying legal protections—when they have workplace claims;
- File amicus briefs in significant cases challenging forced arbitration; and
- Serve as a resource for press exposés of forced arbitration practices.
- Join NELA’s Legislative Action Team! To leverage our voices, we have created NELA’s Legislative Action Team (LAT) to take action to protect and advance workers’ rights. The LAT engages NELA members and Affiliate members—as community leaders and constituents—in lobbying Congress and influencing public opinion on proposed legislation and public policy that are important to you, your clients, and workers across the country. You can sign up at nela.org/lat.
To get involved in NELA’s efforts to oppose forced arbitration, contact NELA Executive Director Jeffrey Mittman at jmittman@nelahq.org.
Ending Forced Arbitration Resources
- The Widespread Use of Workplace Arbitration Among America’s Top 100 Companies
- Taking “Forced” Out Of Arbitration: How Forced Arbitration Harms America’s Workers, The Employee Rights Advocacy Institute For Law & Policy
- The Employee Rights Advocacy Institute For Law & Policy Study On Forced Arbitration
- Fair Arbitration Now Coalition
- Alliance for Justice Report
