How wide-reaching is new bill that would end workplace misconduct arbitration?

Tens of millions of Americans currently must settle workplace misconduct cases through arbitration, rather than taking them to court. Photo by Shutterstock.

Victims of workplace misconduct would be able to take their cases to court rather than settle through arbitration. It’s all thanks to a bill awaiting President Biden’s approval. If signed into law, how much would this change forced arbitration? 

“We know arbitration really does favor the company or the employer and … we’re just comfortable with that anymore, and again I think it really is a result of our behavior changing, our notions of what’s acceptable changing, and then the law catching up with that,” says Loyola Law School professor Jessica Levinson.

Also, did former President Donald Trump violate the Presidential Records Act? That’s a 1978 law passed in response to Watergate, requiring the preservation of historically relevant presidential records. Trump had a proclivity to tear up official documents when he was done with them, which then required archivists to meticulously tape them back together. 

“What the Presidential Records Act says is something that I think is so important for people to realize, which is that the office of the presidency is very different from the office of Donald Trump in that these are documents that were either received or prepared or created by the president,” Levinson explains. “And we need to treat them as separate, as our property, as opposed to his personal property.”