Mandatory Arbitration Enables Sexual Harassment

The #MeToo revelations that have lately rocked all parts of U.S. business and society made it clear that a cultural revolution has been long overdue. Ultimately, it’s attitudes that need to change, but public policy has a role to play. Reform of employment law can make a valuable contribution — and one reform in particular. More than 60 million Americans are bound by employment contracts that force them to take complaints about sexual harassment to arbitration, not to court. This practice needs to stop.

No doubt, there’s a good case for settling many disputes through arbitration rather than litigation. Lawsuits are time-consuming and expensive, and sometimes benefit the lawyers contesting them more than the victims bringing the action. But this can’t justify denying complainants the right to sue as a condition of their employment. Arbitration isn’t always suitable, and sometimes it’s downright unjust. Recourse to the courts should be available when needed.