Now that all my children have entered the workforce, I am surprised to learn that in order for them to work for most corporations, they must sign an arbitration agreement as a condition of employment. The agreement is created by and for the corporation’s benefit alone. In the excitement of being hired to work at one of these corporations, the agreement comes as part of a stack of documents at the time of workplace indoctrination.

When seen as part of the hiring process and required as a condition of employment, it’s no wonder that employees nationwide are signing away their rights as citizens. Each agreement is no less than a protective force field surrounding the company and its property. Workplace infractions such as sexual harassment, racial discrimination and wage theft are rerouted from the somewhat transparent protection of our nation’s judicial system to the private and one-sided protection of arbitration crafted specifically for the corporation and its reputation.

The silence surrounding United Health, USAA, GE, CVS and American Express is loud. Of 271 arbitration cases handled between 2013-17 by these corporations and their designated arbitration firms, workers were awarded financial damages just once, according to a Vox analysis. These binding arbitrations usually come with nondisclosure agreements that prohibit the aggrieved employee from discussing the issue outside of this enforced bubble of silence. Corporations get nonpublic and lasting protection at the expense of workers’ rights and corporate accountability.

Because Maine workers don’t refuse good work, Maine Senate President Troy Jackson, D-Allagash, has introduced legislation, L.D. 1693, An Act To Enhance Enforcement of Employment Laws, which will increase transparency and protect workers’ rights, including protections for whistleblowers from employer retaliation. Maine is not bound by private arbitration agreements so this proposed legislation will maintain and enforce Maine workers given legal rights.

Rafael Marcias

Topsham