[New York, New York, February 2021] This week, the National Disabled Law Students Association (NDLSA) signed onto a letter addressed to Representatives Jerrold Nadler and Jim Jordan and the Committee of the Judiciary, signifying the organization’s support for the Forced Arbitration Injustice Repeal (FAIR) Act.

The FAIR Act challenges the practice of forced arbitration so prevalent in today’s America. Arbitration is a private way to settle conflicts outside of court. Pre-dispute forced arbitration involves giving up the right to file a claim in court against another party to a contract even before a problem arises. That could mean giving up the right to file discrimination, consumer, and other types of claims against a company or employer with which you are signing a contract. Even though companies and employers argue that giving up the right to take them to court is voluntary, arbitration clauses are usually included in non-negotiable contracts and might be confusing to understand. Employees and consumers are then left with the impossible decision to either waive their right to sue or go without whatever service or job they may well need to survive.

NDLSA believes that passing the FAIR Act should be a priority and is of immense importance for the furtherance of disability rights nationally. This Act directly affects NDLSA members as employees, students, and consumers. Employment and student loan agreements, among others, can all contain these types of forced arbitration clauses. For a disabled employee, forced arbitration clauses are especially concerning. Disability discrimination or failure to provide reasonable accommodations as required by law must be immediately remedied. Employees who have signed a contract that includes a forced arbitration clause may be unable to obtain or even seek relief.

NDLSA is proud to work alongside the other signatories to (whose) letter to end this unconscionable practice which serves only to increase the vulnerabilities of marginalized persons. We encourage readers of this release to contact their congresspeople to demand the immediate passing of the FAIR Act.

You can read and/or sign-on here: Letter re: Support the Forced Arbitration Injustice Repeal Act