The FAIR Act would not ban arbitration entirely. It would just prohibit companies from requiring employees, as a condition of employment, to waive their rights to sue. In California, recent attempts to pass a similar law have failed.
Google workers in San Francisco hold up signs during a Nov. 1 walkout. A wave of activism among their workers has made tech companies confront and, in some cases, change their policies on mandatory arbitration.
Sen. Richard Blumenthal and Rep. Hank Johnson introduced legislation that would end mandatory arbitration clauses nationwide.Called the Forced Arbitration Injustice Repeal Act, the legislation touches the center of an ongoing debate in the technology industry. A wave of activism rippling through tech companies’ workforces has made employers confront and, in some cases, change their policies on mandatory arbitration.
“We watched as some companies tried to create policies in a surgical fashion, carving only a narrow category of cases where justice might be received,” Tanuja Gupta, a Google employee who was one of the organizers of the November walkout, said at a news conference introducing the bill Thursday. “But workers continued to beat the drum of intersectionality and highlight the root cause of all inequity: the structural imbalances of power.
On Thursday, Blumenthal and other lawmakers commended the companies that have stepped back from forced arbitration but said a nationwide measure like the FAIR Act is needed.
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