Honoring RBG: Hugh Baran Urges U.S. Senate to Pass the Forced Arbitration Injustice Repeal (FAIR) Act

Fellow Hugh Baran (‘19), Staff Attorney at the National Employment Law Project, published a piece on Bloomberg Law’s Daily Labor Report discussing Justice Ruth Bader Ginsburg’s dissent in 2018’s Epic Systems Corp. v. Lewis, in which she sounded the alarm over the corporate tactic of forced arbitration, and Congress’ response introducing the Forced Arbitration Injustice Repeal (FAIR) Act which renders forced arbitration requirements invalid and unenforceable (“End Forced Arbitration to Honor Justice Ginsburg’s Legacy,” Oct. 2). “In her Epic Systems dissent, Ginsburg called on Congress to correct the court’s grievous error, and members responded. . . . The FAIR Act would, in short, restore workers’ rights to collectively hold their employers accountable for lawbreaking before judges and juries—effectively ending forced arbitration. To honor RBG’s legacy and answer her charge, the Senate should hold an up-or-down vote on the FAIR Act. And if this Senate fails to act, the next Congress and president must ensure the FAIR Act is at the top of their agenda.”