Whether employment agreements that prevent workers from taking “concerted” action to challenge workplace violations conflict with protections in federal labor law.
These cases address the question of whether employment agreements that prevent workers from taking “concerted” action to challenge workplace violations conflict with protections in federal labor law. Such agreements, including those that require an employer and employee to resolve employment-related disputes through individual arbitration – and waive class and collective proceedings – are enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act. These agreements threaten undermine the fight for civil rights by prohibiting co-workers from banding together to fight discrimination in the workplace. The ACLU joined more than thirty non-profits from around the country who use litigation to fight discrimination against racial minorities, women, seniors, people with disabilities, and LGBTQ communities on this amicus brief. In this trio of consolidated cases, the Supreme Court will review the 9th Circuit’s decision involving Ernst & Young and the 7th Circuit’s ruling involving Epic Systems Corp. It will also consider the New Orleans-based 5th Circuit’s judgment enforcing Murphy Oil USA Inc.’s waiver, which was challenged by the National Labor Relations Board.