For Those Who Do Not Speak: Protecting Class Arbitration as the Last Collective-Action Option for Women


This Note argues that the Supreme Court, under § 7 of the NLRA, should uphold the protection of class arbitration as a concerted activity, because it is an especially important tool for equalizing the power of women in the workplace. Through the preservation of class arbitration, women will be more successful in enforcing their workplace rights. This Note reviews how the division of labor along gender lines has created devastating economic consequences for women, who constitute a large majority of the working poor in America. The Note concludes that the decline of unionization and other collective-action strategies has left class arbitration as a last-ditch option for workingwomen to collectively address workplace grievances.


Jennifer Bame, NLRA, Wal-Mart Stores, Inc. v. Dukes, DR Horton, Inc., class arbitration, workplace gender inequality, gender inequality, workplace rights



Jennifer L. Bame (Washington University School of Law)



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