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You are here News Domestic (USA) Supreme Court rules employers can ban class action lawsuits in arbitration

Supreme Court rules employers can ban class action lawsuits in arbitration

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Neil GorsuchThe Supreme Court, dealing a potential blow to the #MeToo movement against sexual harassment, ruled that employers can require as a condition of employment that workers waive their rights to participate in class action lawsuits.

In a 5-4 ruling on a trio of cases penned by Justice Neil Gorsuch, the court’s Republican majority sided with businesses whose employment contracts include mandatory arbitration clauses that prevent class action lawsuits. Instead, workers who take to the courts against an employer must do so as individuals.

None of the cases at issue concerned sexual harassment — and sexual harassment claims, though often impeded by mandatory arbitration clauses, have not typically been pursued in court as class action cases. But Monday's ruling could strengthen legal arguments that employment contracts that impose mandatory arbitration on complaints of any kind do not violate constitutional rights.

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