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Buried beneath the attention-grabbing allegations, meanwhile, is a legal detail that means a lot for many workers, not just the attractive ones: Thanks to something known as a mandatory arbitration clause, Lorenzana likely will not have her day in court.
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Wow they're really making a big deal about the fact that it's going to be decided in arbitration instead of the courts. That's a good thing - you get a much faster decision and it's cheaper for all parties involved.
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But Lorenzana's lawyer, Jack Tuckner, said he and his client would have preferred a jury trial. For one thing, he said, arbitrators -- sometimes former judges or lawyers -- may be more jaded and conservative than a jury. He also questioned whether arbitrators, who often are paid by the companies requiring arbitration, are ever truly impartial.
"A jury will act [more] with their heart and their emotions than an arbitrator ever will," he said. "You're far less likely to ever see a penny of punitive [damages] with an arbitrator."
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The fact that an arbitrator would act on the facts rather than their heart and emotions is not necessarily a bad thing. It might make it harder for the decision to go in their favour, but at least it will be based on the facts.