Arbitration, Employment, Class Actions, Waivers: Anita Hill's Op-Ed In NYT Today Argues Class Actions Could Fight Discrimination In Tech, But Soft-Pedals Obstacle Of Arbitration/Class Action Waivers

My Mini-Comment Is Posted To NYT Website.

        Anita Hill, who famously testified during Justice Clarence Thomas's confirmation hearing, has written an Op-Ed for the NYT entitled, "Class Actions Could Fight Discrimination In Tech", appearing on-line today, August 8, 2017.  She observes, uncontroversially:  "Women in tech no doubt have hurdles to bringing class-action lawsuits, including the requisite preponderance of statistical evidence and the prevalence of confidentiality clauses and arbitration agreements, which are, in effect, designed to pre-empt class actions."  However, she then asserts, without further discussion of the arbitration/class action waiver issue:  "But this challenge doesn’t mean the suits cannot be brought, or won."  This is more uncertain, given the widespread use of arbitration/class action waivers in employment contracts in tech industries, and the tendency of the SCOTUS to require enforcement of such provisions under the Federal Arbitration Act.  Her Op-Ed piece prompted many comments, including my comment posted by the NYT, pointing out that the enforceability of mandatory arbitration/class action waivers will be addressed again by the SCOTUS at the beginning of the new term.