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Supreme Court justices suggest they’ll split on workers’ class-action rights

In a case that could affect the rights of as many as 25 million employees, Justice Anthony Kennedy, often the courts swing vote, suggested Monday through his questions that he would side with employers.

By Greg Stohr, Bloomberg | Updated on October 03, 2017
At issue is whether employers can enforce promises they extract from workers to pursue grievances as individual arbitration cases. (Photo: Shutterstock)

The first Supreme Court argument of the new term suggested the justices are divided over the power of employers to block class-action lawsuits by workers and channel disputes into arbitration.

In a case that could affect the rights of as many as 25 million employees, Justice Anthony Kennedy, often the court’s swing vote, suggested Monday through his questions that he would side with employers. But the newest justice, Neil Gorsuch, said nothing during the hour-long session, leaving the outcome of the case unclear.

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