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Comment by joshuaheard | Hacker News Reader

It's not "forced arbitration", it's "contractual arbitration" which means both sides agree to it. Employment contracts are freely negotiable, including a contractual arbitration clause.

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That may be true for the executive team, and a 'rockstar' developer or two, But I'm finding it hard to believe that a QA person, or mid-level project manager, or the receptionist has any ability to negotiate their employment contract. Especially when rent is due at the end of the month, and little Bobby needs new shoes.

I think its similar to the arguments saying forced arbitration is fine for cell phone contracts, because you can choose to not do business with that company, when EVERY cell phone provider now has them...

I find that argument to be fairly naive. In theory there are lots of things that can be negotiated but are rarely done so, especially in an industry with a high abundance of eager workers. Having a small clause in their contract that voids their ability to take legal action against the company is something that I find to be worth protesting against.

It's what the law presumes. There is such a thing as an "adhesion" contract, where a power disparity can lead to the voiding of contractual clauses, for instance, the super fine print in a cell phone contract. But, I don't think an employment contract would fall into that category.

and this walkout is an example of that free negotiation

Companies larger than a certain size should be required to use a standard template for employment contracts. It is acceptable and normal to negotiate over compensation, including salary, bonus rates/amounts, vacation days, etc., subject to legal minimums. It should not be acceptable to negotiate over terms like contractual arbitration, non-competition/non-solicitation, etc. - there should be a regulatory standard for every employment contract.

"It says right here in the contract that I can sexually harass you and suffer essentially no consequences. You signed it."

Well, shouldn't have signed it.

a walkout is a legit negotiation strategy

I don't disagree.

Such a clause would be nil in most jurisdictions.

EDIT: to be more specific: if you get raped at work, the criminal part against the rapist goes to court as usual. The case against the company because of establishing a rape culture and you seeking compensation goes to arbitration.

So it would be nil only if criminal charges could be brought.

That contract would probably be unenforceable due to being against public policy.

Are you familiar with the story? The COO of Riot has been accused of ball-tapping and humping employees. I don't know about you, but if someone "ball-tapped" me in a workplace, I'd be reporting the incident to HR as sexual harassment.

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