Trump, guided by the extreme right-wing group “The Federalist Society” has been loading up courts with pro-corporation, anti-worker, judges. Here’s one of the latest examples of the Right-Wing Supreme Court screwing workers:
Increasingly, arbitration agreements (included by banks, utilities, and employers) are forced on consumers & workers. There’s supposed to be an element of “consent” involved–the affected parties both agree to arbitration. [In today’s world, it’s a matter of “take it or leave it”. Want electricity? Sign the binding arbitration agreement or get your electricity somewhere else. Want a job? Sign the binding arbitration agreement or turn down the job.]
The Arbitration Act’s “first principle”—that “arbitration is strictly a matter of consent, not coercion.” As a matter of fact, this employer had drafted the arbitration agreement (ambiguities and all) and had forced Varela to sign it as a condition of his employment. Some consent. (The Roberts Five have a tendency to invent facts in cases to suit their desired outcome—Citizens United and Shelby County being notable examples.)
Justice Ruth Bader Ginsburg in dissent pointed out how “treacherously” the court has strayed from the principle that arbitration is a matter of consent: “Shut from the Court’s sight is the ‘Hobson’s choice’ employees face: ‘accept arbitration on their employer’s terms or give up their jobs.’ ” Once again, the corporate interest won, 5–4.