The Supreme Court’s War Against Workers
Gorsuch’s decision ignores all power imbalances between employers and employees. “Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration?” he writes. “Or should employees always be permitted to bring their claims in class or collective actions, no matter what they agreed with their employers?” The problem with this argument is that it presumes these contracts are drafted up by two teams of lawyers representing parties of equal power, not legal documents created by corporate law departments and shoved under the noses of unwitting employees on their first day of work. Later on, Gorsuch writes of “the parties,” plural, who “proceeded to specify the rules that would govern their arbitrations,” as if every low-wage worker consults a contract lawyer before signing off on their HR paperwork.