Members of the #MeToo movement have been calling for pulling the teeth out of forced arbitration clauses for sexual harassment lawsuits filed against employers and states have been responding to this by proposing and, in come cases, passing legislation that makes it so employers cannot force employee lawsuits over sexual harassment into arbitration. Members of Congress have introduced similar legislation.
I do not know which, if any, of the state-level proposals are overridden by the Federal Arbitration Act. Some of these state-legislators may know of/about the Federal Arbitration Act and some, especially those without a legal education, may not. Nevertheless, I am glad mandatory arbitration is getting scrutinized and I am glad that there is now a movement that is seeking to abolish it, even if only in disputes of a single kind (sexual harassment). The next steps will be in eradicating forced arbitration other employment matters and in consumers’ disputes with companies. If this is accomplished, then it will be a resounding achievement for more freedom and less government.
