Banning Forced Arbitration in Employment Contracts: Another Victory on the Horizon for the Me Too Movement

  • Arbitrators are mostly male and mostly white. The American Association for Justice found the two largest arbitration providers are 88 percent white and 77 percent male.
  • Employers get to choose the arbitrator and tend to choose those with a history of finding in favor of the employer.
  • Claimants are prevented from publicly discussing the matter, so they cannot band together to create systemic change
  • Women and people of color are disproportionately subject to mandatory arbitration.
  • In 2018, Uber announced that they would discontinue use of forced arbitration in contracts.
  • In 2019, Airbnb stopped using forced arbitration clauses in employee contracts but not in their terms of service for hosts and guests.
  • In 2020, Wells Fargo stopped using forced arbitration clauses in cases of sexual harassment or assault.



Author of ‘New Rules for Women: Revolutionizing the Way Women Work Together', OD Consultant, Keynote Speaker, and Workshop Trainer

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