SURVIVORS OF
SEXUAL ASSAULT AND HARASSMENT
DESERVE THE OPTION OF A DAY IN COURT
By Karla Gilbride , Public Justice Access to Justice Project Co-Director
In our extremely polarized nation , few issues enjoy bipartisan support . But on the question of what should happen when a worker suffers discrimination or has their wages stolen , or when a consumer is ripped off by an illegal fee , an overwhelming majority — 87 percent of Republicans and 83 percent of Democrats — agree that people should have a choice about what to do next . Not everyone will want to sue their employer or their bank — and for some people and certain situations , a private , informal process like mediation or arbitration may make sense . But voters from both sides of the aisle believe it ’ s important to also have the option of going to court when they ’ ve been harmed to hold those who harmed them publicly responsible . At bottom-most , Americans just want the autonomy to decide for themselves , once a dispute has arisen , on the best way to resolve it .
Unfortunately , in recent years , those options have been taken away as more and more employers require new employees to sign away their right to go to court as a condition of accepting a job . A study published by the Economic Policy Institute in April 2018 found that over 60 million American workers were prevented from taking their employers to court by so-called “ forced arbitration provisions ” they had to agree to as part of their employer ’ s onboarding paperwork , and 24.7 million workers were barred from joining their colleagues to pursue systemic discrimination or wage theft through a class action . The study also found that forced arbitration provisions were more widespread in low-wage industries and in industries where women and African- Americans make up a large percentage of the workforce .