Mandatory Arbitration of Employment Class Action Disputes: From the Perspective of Plaintiffs’ Counsel

The authors assert that precluding class actions would undermine the private enforcement of important public policies, including nondiscriminationand consumer protection. If class actions are eliminated, economically unfeasible but socially necessary claims will no longer be brought by plaintiffs. State courts and also federal circuit courts are split on whether to enforce arbitration agreements that preclude class actions.