Do I Have a Case?
Employment law in the U.S. is a complex topic. Below is a general overview of some of the most common claims brought under these laws, with a focus on New York state and city laws, which happen to be fairly progressive. This overview is not exhaustive and should not be taken as legal advice, but rather as a framework for people to understand what a violation of the law looks like and as a jumping off point to a more in-depth discussion with a lawyer.
- Do I Have a Case of Unlawful Workplace Discrimination?
- Do I Have a Case of Unlawful Workplace Harassment?
- Do I Have a Case of Unlawful Workplace Retaliation?
- Do I Have a Case of Failure to Provide Reasonable Acccommodation Related to a Disability?
- Do I Have a Case of Failure to Pay Overtime, Minimum Wage, or For Work Performed Under a Freelance Contract?
- Some Other Things to Note
- The Court-Made Doctrine of "At-Will Employment"
- Awards of Attorneys' Fees to Workers Who Win Their Cases Are the Default Rule Under the Law in the U.S.
- A Word About Arbitration Agreements
Do I Have a Case of Unlawful Workplace Discrimination?
If you believe that you have been a victim of unlawful workplace discrimination, it's essential to understand the key elements that need to be demonstrated under New York law. These elements include:
- Membership in a protected class: You must be a member of a protected class under city, state, or federal law. In New York, protected classes include race, color, national origin, religion, age, sex, sexual orientation, gender identity, marital status, disability, and genetic predisposition. Additionally, New York City protects against discrimination based on pregnancy and lactation, status as an active military service member or veteran, caregiver status, status as a victim of domestic violence, and unemployment status. Protected classes are always being added and it is important to check with a lawyer to determine whether you fall within a class protected by law.
- Adverse employment action: You must have experienced an adverse employment action, such as being terminated, demoted, transferred, denied a promotion, or subjected to other forms of negative treatment, such as unwarranted performance reviews that affect the terms and conditions of employment. An employment lawyer can help you determine whether the action(s) you experienced qualifies as an adverse employment action under the law.
- Causal connection: You must establish a causal connection, or link, between your membership in the protected class and the adverse employment action you experienced. This can be shown through direct evidence, such as discriminatory comments or actions, or through circumstantial evidence, such as evidence of differential treatment compared to similarly situated individuals outside of your protected class. These are just examples; there are many ways to demonstrate a causal connection. An attorney can assist you in gathering the evidence you will need to demonstrate that this element is met.
- Qualification for the job: Under certain laws, you must demonstrate that you were qualified for the job or position in question and that you were meeting your employer's legitimate expectations. Questions of whether you were "qualified for the job or position" and were "meeting the employer's legitimate expectations" are legal terms of art that a lawyer can help you marshal evidence to demostrate.
If you can establish these elements, it creates a presumption of unlawful discrimination in the eyes of the law. The burden then shifts to your employer to provide a legitimate, nondiscriminatory reason for the adverse employment action. If your employer cannot provide such a reason, or you can demonstrate that the reason is a pretext, they may be found liable for unlawful discrimination.
However, it's essential to note that there are additional preconditions that you must meet to be protected by various city, state, and federal laws. These preconditions may include the number of employees at your company, whether you are being properly classified as an employee, where you perform your work and where the impact of the discrimination is felt, and whether you took certain action within the statute of limitations, among others. A timely consultation with an employment attorney can ensure that you meet these preconditions.
It's also important to know that the various city, state, and federal laws all have differing standards with regard to causation and harm, as well as differing limits on the amount of money you may recover. A skilled employment attorney can help you determine which laws apply to your situation and the types of damages that may be available to you if you succeed.
If you would like to discuss whether you have a case for unlawful workplace discrimination, please contact us.
Top of pageWhat Are Some Examples of Unlawful Workplace Discrimination?
Example 1: Jane had been working for her company in NYC for over three years and had received consistently good performance reviews during that time. However, last month, she began treatment for cancer and requested time off to manage her health. When she returned to work, her boss put her on a performance improvement plan that included unrealistic goals, criticized her for past mistakes from over a year ago, and held her responsible for issues beyond her control. Despite her best efforts, Jane was unable to meet the goals in the plan and was ultimately fired.
- Jane is a member of a protected class because she is a person with a disability, has a record of having a disability, and may be percieved as being disabled by her employer.
- Jane suffered an adverse employment action because she was fired.
- There is a causal connection between Jane's request for medical leave and her termination because they happened in close temporal proximity, and because her employer has proffered apparently bogus reasons for terminating her shortly after she requested medical leave.
- Jane was qualified for the position because she worked there for several years and recieved good performance reviews.
Jane may have a case of unlawful workplace discrimination.
Example 2: Robert, a college-educated black man, had been working for his company in NYC for just nine months. During this time, he was promoted twice due to his exceptional sales performance. However, when his boss left the company, Janet, a white woman, became his new boss. During their first meeting, the two discussed sales targets, during which Janet made derogatory comments about her previous team, referring to them as "homies" who just wanted their "forty acres and a mule".
A month later, Janet replaced Robert with Susan, a white woman. When Robert checked Susan's LinkedIn profile, he discovered that Susan had no real sales experience and did not even have a degree.
- Robert is a member of a protected class because he is a black man.
- Robert suffered an adverse employment action because he was fired.
- There is a causal connection between Robert's race and gender and his termination. He was terminated shortly after Susan became his new boss and just after he had been promoted twice in a short period of time; Susan made prejudiced comments about the protected classes Robert held membership in; and Robert was replaced by a person outside his protected classes who held job qualifications that were inferior to his own.
- Robert was qualified for the position because he was doing good in his position, so much so that he was promoted twice in only nine months.
Robert may have a case of unlawful workplace discrimination.
Top of pageDo I Have a Case of Unlawful Workplace Harassment?
If you believe you have been a victim of unlawful workplace harassment, it's crucial to understand the key elements that must be demonstrated under New York law. These elements include:
- Membership in a protected class: You must be a member of a protected class under city, state, or federal law. In New York, protected classes include race, color, national origin, religion, age, sex, sexual orientation, gender identity, marital status, disability, and genetic predisposition. Additionally, New York City protects against discrimination based on pregnancy and lactation, status as an active military service member or veteran, caregiver status, status as a victim of domestic violence, and unemployment status. Protected classes are always being added and it is important to check with a lawyer to determine whether you fall within a class protected by law.
- Harassment based on membership in a protected class: You must have been subjected to harassment because of your membership in the protected class. Harassment can take many forms, including verbal abuse, physical touching, threats, and offensive or derogatory comments, and may also include more subtle forms of mistreatment, such as exclusion from work activities or denial of opportunities. A skilled attorney can help you determine whether the harassment is recognized as unlawful under the current state of the law.
- Severity or pervasivness: The harassment must be of the degree or frequency to create a "hostile work environment". However, different laws have varying degrees of severity or pervasiveness requirements, which an employment attorney can help you navigate. For example, the New York City Human Rights Law only considers the severity or pervasiveness of the harasmment in establishing the amount of damages you are entitled to. While the federal civil rights laws require a worker to establish that the harassment is sufficently severe or pervasive under the law before a jury can even hear the case.
- Employer liability: Under certain laws, to hold the company liable for the harassment of your superior or co-worker, you must demonstrate that the employer knew or should have known about the harassment and failed to take prompt and appropriate action to stop it. But, under other laws, the company may be found liable even if they didn't know about the harassment, such as when the harasser is a supervisor with a certain degree of control. An attorney can help you determine which laws apply and who can be held liable.
It's important to note that various city, state, and federal laws have additional preconditions that you must meet to be protected. These preconditions may include the number of employees at your company, your employment classification, where you work, where the harassment's impact is felt, and the statute of limitations, among others. An employment attorney can guide you to ensure that you meet these preconditions.
Furthermore, different laws have varying standards for causation and harm, as well as limits on the amount of money you may recover. An experienced employment attorney can help you identify the applicable laws and determine the types of damages that may be available if you succeed.
If you suspect you have a case for unlawful workplace harassment, please contact us. We are committed to helping you.
Top of pageWhat Are Some Examples of Unlawful Workplace Harassment?
Example 1: Thomas, a gay man, started work for his company in NYC just last month. But, during that short time, it became apparent that his new boss, the owner of the company, had not just hired him for his job skills. His boss began unnecessarily berating him, then telling him things like, he just needed to be "more like a man", and would conclude these interactions with a slap of Thomas' buttocks. These incidents happened several times per week. Thomas knew that if he complained to anyone, he would be fired by the boss and human resources could not take any meaningful action against the owner of the company to prevent that result. So, Thomas found another job and left the company.
- Thomas is a member of a protected class because he is gay.
- Thomas suffered harassment based on his membership in the protected class because his bosses' comments suggested his boss held animous toward him for being a gay man.
- The harassment was sufficently severe or pervasive because it involved derogatory comments based on gender and sexual orientation, and physical touching of an intimate body part that occurred several times per week during his period of employment.
- Because Thomas was harassed by the owner of the company, employer liability is established even though he did not complain to human resources because their was no meaningful recourse available had he complained under the circumstances.
Thomas may have a case of unlawful workplace harassment.
Example 2: Rachel had been employed at her company for a year when she suffered an injury from an elevator accident in the office. The injury resulted in painful surgery that made it difficult for her to walk. However, she was able to perform her job duties, which mainly involved computer work and occasional secretarial tasks. Rachel met with Bobby from human resources to discuss accommodations that would allow her to continue working while dealing with her injury. However, Bobby questioned the authenticity of her injury, claiming she was "faking it" and "milking it" and refused her requests for accommodations, which included a request for a disabled parking permit and wheelchair to use in te office, both of which were readily available to guests. After she requested these accommodations, Bobby had Rachel's desk moved further away from the office copier, something Bobby knew would exacerbate Rachel's injury and make it harder for her to complete tasks. Ultimately, Bobby emailed her to take involuntary leave until she was "100% healed," which prompted Rachel to report the harassment to the CEO. Unfortunately, the CEO did not take action and instead referred the matter back to Bobby, who denied any wrongdoing.
- Rachel is a member of a protected class because she is disabled, has a record of disability, and is percieved by her employer to be disabled.
- Rachel suffered harassment based on her membership in the protected class because Bobby arbitrarily denied her reasonable accommodation requests; made comments she was "faking it" and "milking it"; knowingly made it more difficult to perform her job duties while she was injured; and expressed the view that people with disabilities cannot work at all.
- The harassment was sufficently severe or pervasive because it involved repeated and arbitrary denial of reasonable accommodation requests, which Bobby knew would make it more difficult, if not impossible for Rachel to perform her job duties, and included repeated utterances of derogatory comments based on negative stereotypes of people with disabilities.
- Employer liability is established because Rachel complained to the CEO about Bobby's harassment of her, but he took no meaningful action to remediate and instead compounded the problem by referring it back to Bobby for a determination.
Rachel may have a case of unlawful workplace harassment.
Top of pageDo I Have a Case of Unlawful Workplace Retaliation?
If you believe you have been a victim of unlawful workplace retaliation, it's crucial to understand the key elements that must be demonstrated under New York law. These elements include:
- Participation in a protected activity: You engaged in a protected activity, such as filing a complaint of discrimination or harassment in good faith with your employer or a government agency, such as the EEOC, or by assisting another in doing so.
- Adverse employment action: Your employer took an adverse employment action against you, such as termination, demotion, or suspension. Under some laws, the adverse action can be more subtle, as long as a reasonable person would take it as an adverse action. An attorney can help you to determine whether the adverse action you suffered qualifies under the law.
- Causal connection: There is a causal connection between your protected activity and the adverse employment action. This means that your employer took the adverse action because of your protected activity.
It's important to note that various city, state, and federal laws have additional preconditions that you must meet to be protected. These preconditions may include the number of employees at your company, your employment classification, where you work, where the retaliation's impact is felt, and the statute of limitations, among others. An employment attorney can guide you to ensure that you meet these preconditions.
Furthermore, different laws have varying standards for causation and harm, as well as limits on the amount of money you may recover. An experienced employment attorney can help you identify the applicable laws and determine the types of damages that may be available if you succeed in court.
If you suspect you have a case for unlawful workplace harassment, please contact us. We are committed to helping you.
Top of pageWhat Are Some Examples of Unlawful Workplace Retaliation?
Example 1: Kelly had worked hard to earn her position at her company in NYC. She was excited to lead her first team to design a marketing campaign for a top brand after years of climbing the corporate ladder. However, she soon realized that the brand's owner, Lucis, was interested in her sexually. He made unwanted advances in text messages, offered to buy her things, and even promised to approve any expensive campaign she proposed if she slept with him. Kelly refused his advances. So, Lucis retaliated by badmouthing her work performance to her colleagues.
Kelly reported this to human resources, providing evidence of the text messages, and requested confidentiality due to fear of further retaliation. Unfortunately, instead of keeping it confidential, human resources immediately informed Kelly's boss, who then contacted Lucis for his side of the story. Lucis admitted to sending the messages but insisted they were "innocent." The company then decided to reassign Kelly to another campaign, but only as a team member, citing a "lack of fit" for the original campaign. When Kelly suggested that she be permitted to lead another team for any one of the upcoming campaigns, the company denied her request.
- Kelly participated in protected activity by reporting the sexual harassment she genuninely believed was unlawful to human resources.
- Kelly suffered an adverse employment action because she was reassigned to less prestigious role after reporting the sexual harassment, and was denied her request to be reassigned to a similar role she had previously held before making the report, which was available and needed to be filled by the company.
- There is a causal connection between the report of harassment and the reassignment to a less prestigious role because they occurred in short proximity to each other, and because a similar role was vacant at the time of the report, she applied for it, but was arbitrarily denied.
Kelly may have a case of unlawful workplace retaliation.
Top of pageDo I Have a Case of Failure to Provide Reasonable Accommodation Related to a Disability?
If you believe your employer has unreasonably denied your request for accommodation related to a disability, it is important to know the key elements of a case that you must demonstrate under New York law. These elements include:
- You Have a Disabiliy Under the Meaning of the Law: The definition of "disability" under the law is constantly evolving. Some laws import a narrow definiton, such as the federal Americans with Disabilities Act (ADA). Under the ADA, you must show that you have a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, learning, or performing manual tasks. Whether a particular impairment limits a person "substantially" is a term of art, and a lawyer can help you to make that determination. However, under the New York City Human Rights Law, there is no requirement that you show that your impairment substantially limits one or more major life activities. It is crucial to speak with a skilled employment lawyer to determine which laws apply to you.
- You Requested a Reasonable Accommodation: Unless the need for accommodation is obvious, you must actually request the accommodation. A lawyer can help you by determining what accommodations would be effective in your case and by making the request on your behalf, if you prefer.
- The Requested Accommodation is Reasonable and Necessary to Enable You to Perform the Essential Functions of Your Job: Whether an accommodation is reasonable depends on a number of factors. A lawyer can help you ensure the requested accommodation is reasonable. Also, you must bear in mind that an accommodation is always unreasonable where it seeks to eliminate an "essential" job duty. Whether a job duty is "essential" involves a number of factors, see generally 29 CFR Part 1630, 29 CFR Part 1614. An attorney can help you marshal facts to make this determination.
- Your Employer Refused to Provide the Reasonable Accommodation or Provided an Inadqeuete Accommodation: You must show that your employer denied the requested reasonable accommodation. Sometimes an unreasonably long failure to make any decision on whether to grant or deny your request can satisfy this element. Alternatively, you can show this element is met when the accommodation provided is ineffective and your employer refuses to grant another. A skilled employment lawyer can help you gather the facts necessary to met this element.
If you can demonstrate these elements, you may be able to bring a claim for failure to accommodate a disability under New York law. It's important to note that the specific requirements for establishing a claim of failure to accommodate a disability may vary depending on the circumstances of the case and the applicable laws and regulations. It is critical to speak with a skilled attorney to assist you in navigating the various disability-related laws and their application.
Moreover, it's essential to note that there are additional preconditions that you must meet to be protected by various city, state, and federal laws. These preconditions may include the number of employees at your company, whether you are being properly classified as an employee, where you perform your work and where the impact of the failure to accommodate is felt, and whether you took certain action within the statute of limitations, among others. An employment attorney can provide guidance to ensure that you meet these preconditions.
It's also important to know that the various city, state, and federal laws all have differing standards with regard to causation and harm, as well as differing limits on the amount of money you may recover. A skilled employment attorney can help you determine which laws apply to your situation and the types of damages that may be available to you if you succeed.
If you suspect you have a case of failure to provide a reasonable accommodation related to a disability, please contact us. We are committed to helping you.
Top of pageWhat Are Some Examples of a Failure to Provide Reasonable Accommodation Related to a Disability?
Example 1: Forrest was hired as a copy editor with a reputable firm for a 6-month contract. His job duties involved reviewing copy entirely on a computer and occasionally attending team meetings. However, his severe allergy to certain perfumes worn by his team members in the shared office space caused him extreme distress and put him at risk of death. Despite informing his manager, he was only permitted to work from home for a few days per week, which did not solve the problem. Forrest suggested that he be allowed to work entirely from home, as his job duties could be performed remotely without issue. Unfortunately, his manager refused this request and directed him to human resources. Despite making additional complaints and suffering continued allergic reactions, human resources ultimately revoked his part-time work from home arrangement and terminated his contract early. Several months later, due to office renovations, all of Forrest's team members were permitted to work entirely from home.
- Forest has a disability under the meaning of the law because his allergic reactions substantially limited his ability to breath.
- Forrest requested a reasonable accommodation by asking his manager and human resources to work from home.
- The requested accommodation was reasonable and necessary to enable Forrest to perform the essential functions of his job. Forrest's job was performed entirely on the computer; includnig attending team meetings via Zoom, and he had performed it without problem from home in the past on a part-time basis. And, the accommodation was necessary to permit him to do his work without suffering severe allergic reactions.
- The employer refused to provide the reasonable accommodation and failed to provide any reasonable alternatives. Instead, the employer simply fired Forrest.
Forrest may have a case of unlawful failure to provide a reasonable accommodation related to a disability.
Top of pageDo I Have a Case of Failure to Pay Overtime, Minimum Wage, or For Work Performed Under a Freelance Contract?
If you believe you have not been paid properly, or not at all, it's crucial to understand the key elements that must be demonstrated under New York law. These elements include:
- An Agreement to Pay for Work: You must show that you and the person or company that hired you agreed to pay you for the work you performed. This can be a verbal agreement or it can be in writing. A lawyer can help you determine whether a valid agreement exists and is enforcable.
- Work Performed: You must provide some evidence that you actually performed the work for which you are seeking the unpaid monies. For example, evidence of work performed can include time records, invoices, personal journal entries, or testimony from others who witnessed you performing the work. However, vague, unsubstantiated recollections will not suffice. A skilled attorney can help you to marshal the evidence needed to satisfy this element.
If you can establish these key elements, then the burden shifts to the person or company that hired you to show that you were properly paid.
Moreover, in New York, if you are considered an "employee" rather than an independent contractor under the law, you are entitled to overtime payments for all hours you work over 40 in a given workweek. However, there are numerous exeptions that may apply to this general rule. These exceptions typically involve, but are not limited to, the type of work you perform, the degree of discretion you have over your work product, where you perform the work, how much you earn from the work, and whether you are paid by an hourly rate, piecemeal, or commission. Speak with a skilled attorney to determine whether you are entitled to be paid overtime.
Additionally, even if you are properly classified as an "independent contractor" or "freelance worker", you may be protected by certain laws, such as the NYC Freelance Isn't Free Act. Under that law, you may be entitled to double any unpaid amounts.
It's important to note that various city, state, and federal laws have different protections that may be available to you. For example, if your case falls under the federal Fair Labor Standards Act and the New York Labor Law, and you performed certain kinds of work, you may be entitled to payment at 1.5x your regular rate of pay for all hours over forty in a workweek and double damages for all underpaid or unpaid amounts. An experienced employment attorney can help you identify the applicable laws and determine the types of damages that may be available if you succeed in court.
If you suspect you not been paid properly, or not at all, please contact us. We are committed to helping you.
Top of pageWhat Are Some Examples of a Failure to Pay Overtime, Minimum Wage, or Work Performed Under a Freelance Contract?
Example 1: Rashid was excited to start his new job as a server at an upscale restaurant in NYC, a job he had recieved from an employment agency. He arrived on time, met with the manager, and was assigned to work alongside an experienced server until he got the hang of the job. Rashid worked hard, taking orders, expediting food, and cleaning tables. At the end of his shift, he met with the manager again, who said he would call him when he was needed next. However, a week passed by without any communication. Rashid decided to follow up and called the manager, who informed him that he did not need his services at the moment. Rashid was disappointed, but he understood. However, he was concerned about payment for his work and asked when he could expect it. Unfortunately, the manager informed him that the restaurant did not pay for the first day of work as a matter of "company policy".
- Rashid and the manager formed an agreement to pay for work by the manager assigning Rashid job duties typical of a server, and permitting him to perform those job duties at the restaurant, and by soliciting Rashid from an employment agency.
- The work performed can be shown by having Rashid testify in detail about the hours he worked and the duties he performed that day. It can also be shown by having his co-workers testify about these details.
Rashid may have a case of unlawful failure to pay minimum wage.
Example 2: Julie was hired by an agency as a freelance graphic designer to create an advertisement for a top brand. She worked from her apartment in Brooklyn, New York, under a handshake agreement that promised her $5,000 for producing three variations on a defined theme. However, the head of the agency turned out to be difficult to work with, causing Julie to spend countless additional hours completing the project.
In the end, Julie delivered the three variations on the theme as requested by the head of the agency. However, the agency failed to pay her in a timely manner. After months of evasion, Julie discovered that the agency's client had decided to cancel the ad, and as a result, the agency was refusing to pay her the agreed-upon $5,000. Instead, they offered her only $2,500 as a compromise.
- Julie and the head of the agency formed an agreement to pay for work because they made a handshake deal of $5,000 for three variations on a theme.
- The work performed can be shown by having Julie demonstrate that she produced the three variations on a theme to the head of the agency.
Julie may have a case of unlawful failure to pay for work performed under a freelance contract.
Example 3: Sam was a personal trainer at an upscale gym, where he worked for more than 60 hours per week, but was not paid for any overtime. His job involved designing training sessions, creating playlists, and following up with clients on nutrition, in addition to the time he spent actually training them. Although the gym required him to perform these extra tasks in addition to actually training his clients, they called them "privileges" of the job, and instructed him not to include them on his timesheet, claiming that they wouldn't pay for that time. Despite the fact that Sam enjoyed his job, he felt frustrated that he was expected to work extra hours without compensation, even though it was a requirement of his job.
- Sam and the gym formed an agreement to pay for work because the gym directed Sam to perform the duties of a personal trainer and permitted him to perform those duties for about 60 hours per week at their gym. Further, the law imposes an overtime rate for hours worked over forty in a given workweek for certain classes of employees, such as personal trainers.
- The work performed can be shown by having Sam demonstrate the performance of the additional work that the gym assigned in an average given workweek and extrapolating it over the period of time he worked there. In other words, Sam can demonstrate how he designs a session, makes a playlist, and emails his clients nutritional advice, and use that to extrapolate how much time he spent on average doing those duties per week over his period of employment.
Sam may have a case of unlawful failure to pay overtime.
Top of pageSome Other Things to Note
The Court-Made Doctrine of "At-Will Employment"
In the vast majority of U.S. jurisdictions, the judically created "at-will employment doctrine" allows employers to impose harsh employment terms without consequence, leaving workers with the option to either accept them or quit. However, quitting is not always a feasible option for many workers, especially when jobs are scarce or low-paying. Practically speaking, the "at-will employment doctrine" means that an employer can, without justification, change up the job duties of a worker, impose more work duties, increase the number of hours a worker must work, demote, transfer, or even fire a worker without notice. In other words, the "at-will employment doctrine" means a worker is employed at the whim of the employer. The laws against workplace discrimination, harassment, and retaliation stand as exceptions to the "at-will employment doctrine". In other words, an employer cannot impose such harsh employment terms because of the worker's membership in a protected class, such as age, race, sex/gender, disability, etc.
Awards of Attorneys' Fees to Workers Who Win Their Cases Are the Default Rule Under the Law in the U.S.
Under the "American Rule," parties are required to pay their own attorney fees in lawsuits by default, except in cases where Congress has expressed otherwise. In the laws that prohibit workplace discrimination, harassment, retaliation, minimum wage, overtime, and payment for services as a freelance worker in NYC, Congress (and the city/state legislature) has mandated that workers who win their cases are entitled to have their attorneys' fees paid by their employer. This provision ensures that all workers have access to justice and can enforce their rights regardless of their income or the size of their claim. Further, Congress expected workers to act as "private attorneys general" to enforce these laws because state or federal attorneys general could not be expected to handle the vast amount of litigation these laws would generate.
A Word About Arbitration Agreements
Arbitration agreements require parties to use non-governmental judges to decide legal matters. While arbitration agreements can be beneficial for parties who have equal bargaining power, they can be exploitative in workplaces where employees face "take-it-or-leave-it" offers of employment with no reasonable alternatives. Some U.S. courts uphold the validity of these agreements despite the "take-it-or-leave-it" nature, placing those workers at a disadvantage from the start. Consider challenging workplace arbitration agreements if you have the ability to do so, for the sake of those who do not have that ability.
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