Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Illustration: Eniola Odetunde/Axios

Despite laws protecting people from workplace discrimination on the basis of race, gender, age, religion and sexual orientation — including last week's Supreme Court victory for LGBTQ workers — when it comes to actually holding firms accountable, the odds are stacked against workers.

Why it matters: The U.S. workplace is still rampant with discrimination, but the bulk of it is going unchecked as companies have figured out how to keep themselves out of court.

What they're saying: "If you look at the number of white people in the C-suite or attrition rates for African Americans or wage disparities, there's been very little change in the past few decades," says Linda Friedman, a Chicago lawyer who represented 700 workers in a race-discrimination lawsuit against Merrill Lynch in 2013.

  • "In my opinion, the most significant reason is there is no oversight," she says. "Entire industries have taken themselves out of the sight of the law," primarily through mandatory arbitration clauses.

By the numbers: Nearly 70% of U.S. employers with 5,000 or more workers have mandatory arbitration policies, according to the Economic Policy Institute.

  • "Under such agreements, workers whose rights are violated — for example, through employment discrimination or sexual harassment — can’t pursue their claims in court but must submit to arbitration procedures that research shows overwhelmingly favor employers," EPI's Alexander J.S. Colvin writes.
  • In total, around 60 million American workers don't have access to courts due to mandatory arbitration.

But even at firms that don't have such policies, pursuing discrimination cases is difficult, Friedman says.

  • "These cases are hard to prosecute even if you get to court. So much effort is spent in defeating the lawsuits," she says.
  • "It’s a real act of courage and resolve to file one of these lawsuits in the first place." Future employers can Google search you and quickly figure out if you were a plaintiff in a discrimination case — and that could work against you in the hiring process.

Rare counterexamples: Wells Fargo dropped its mandatory arbitration clause for sexual harassment claims in February, and, the same month, a former employee of PNC bank who said she was sexually assaulted by a male customer was awarded $2.4 million by a New Jersey jury.

Go deeper: Women with career gaps are being tapped for talent pool

Go deeper

Businesses face "take home" COVID-19 lawsuits

Illustration: Annelise Capossela/Axios

New peril for employers: Wrongful death "take home" lawsuits from the coronavirus, using the prior examples of asbestos.

Why it matters: Employers enjoy legal protections and liability caps under workers' compensation laws, but these lawsuits could skirt those protections, Reuters reports.

Updated 2 hours ago - Technology

Twitter sues Texas AG Ken Paxton

Texas Attorney General Ken Paxton at February's Conservative Political Action Conference in Orlando, Florida. Photo: Joe Raedle/Getty Images

Twitter on Monday filed a lawsuit against Texas Attorney General Ken Paxton (R), saying that his office launched an investigation into the social media giant because it banned former President Trump from its platform.

Driving the news: Twitter is seeking to halt an investigation launched by Paxton into moderation practices by Big Tech firms including Twitter for what he called "the seemingly coordinated de-platforming of the President," days after they banned him following the Jan. 6 Capitol insurrection.

6 hours ago - Politics & Policy

Senate retirements could attract GOP troublemakers

Sen. Roy Blunt (R-Mo.). Photo: Jim Lo Scalzo/EPA/Bloomberg via Getty Images

Sen. Roy Blunt's retirement highlights the twin challenge facing Senate Republicans: finding good replacement candidates and avoiding a pathway for potential troublemakers to join their ranks.

Why it matters: While the midterm elections are supposed to be a boon to the party out of power, the recent run of retirements — which may not be over — is upending that assumption for the GOP in 2022.