An employer who chose to cut corners on due process would pay the price of having employees opt out of the arbitration system entirely. The only manner in which employers could achieve the widespread participation they desire in order to avoid the costs of litigation would be to make the arbitration system fair. Making the decision to arbitrate voluntary is also the right thing to do. The right to take legal disputes to court is a fundamental part of our democratic society. It is enshrined in our Constitution.
Employers have every right to establish the terms on which they offer employment.
But some rights are too fundamental to allow employers to tamper with. Employers may not require prospective employees to have sex with them as a condition of employment. Employers may not require employees to change their religion or tell them how to vote. Employers should also be prohibited from requiring employees to give up their right to go to court. Making employment arbitration voluntary is not only right in principle, but feasible in practice.