You need a lawyer to sue for your job and back pay. Plaintiffs' lawyers say they accept only one out of 20 employees who seek representation. For the top attorneys, that figure is closer to one out of 100. The EEOC isn't the answer, either. It's under-funded and too overloaded with work to try anything but major cases.
Arbitration is cheaper, faster and more informal than court litigation.
Consequently, lawyers are willing to help a client in an arbitration proceeding when they would not be willing to devote the time and effort to get ready for a federal court appearance. Even without a lawyer, employees can make a reasonable presentation on their own, or with the assistance of a friend, in the much less intimidating atmosphere of arbitration. If claimants are able to sue in court, there is no reason to think they will be better off than in arbitration. All the studies show that employees actually prevail more often in arbitration than in court. The American Arbitration Association in one study found a winning rate of 63 percent for arbitral claimants.