Arbitration can be an effective tool to resolve contract disputes without going to court. But employers shouldn’t be able to force workers into arbitration in contravention of worker protections established in federal laws and regulations, and they certainly shouldn’t make getting a job contingent on giving up the right to seek redress in the courts. Unfortunately, both have become regular occurrences, but a case now being briefed before the Supreme Court can — and should — fix that.
...
People or companies entering into an agreement on equal footing, and in circumstances in which they have other options, have a perfect right to decide that they would rather settle potential disputes through arbitration instead of the courts. But people desperate for work, especially in an economy as weak as it was when Hobson was hired in 2008, are not on equal footing with the company offering jobs. And if employers routinely require applicants to sign away legal rights to be considered for a job, then the employees have no other real option even in a robust economy. That is an egregious practice. People should not have to forgo their fundamental right to seek redress through the courts in order to work for a living.
