Drahozal, FAA Preemption After Concepcion, 35 Berkeley J. Emp. -Lab. L. 153, 167 (2014). See also Stolt-Nielsen S.A. vs. AnimalFeeds Int`l Corp., 559 U.S. 662, 685-86 (2010) (Recognition of Privacy as a Fundamental Element of Arbitration). Former Fox News anchor Gretchen Carlson was one of them. She sued Roger Ailes for sexual harassment and they agreed on an unde mentioned amount. But Carlson couldn`t sue Fox News for the company`s role in maintaining sexual harassment, nor were dozens of other women who accused the media company of tolerating sexual harassment if they decided they wanted to take legal action.
In addition to the differences between recoveries and the amount of damages, mandatory arbitration clauses have a moderating effect on the filing and notification of sexual harassment and other labour rights.