The Reverse-Entanglement Principle: Why Religious Arbitration of Federal Rights Is Unconstitutional

Abstract

Imagine you apply to be a cashier at a supermarket. At the beginning of the interview, you sign an employment application. You don’t get the job, and your interviewer’s remarks make you suspect it’s because you are Muslim. You sue in federal court under Title VII of the Civil Rights Act of 1964. The supermarket moves to dismiss the suit because your employment application included an agreement to arbitrate all Title VII disputes. The court dismisses your case and compels arbitration.