The case, Epic Systems Corp v Lewis, came to a final decision of May 21, 2018, ruling in favor to employers. The 5-4 decision prohibits employees from banning together to file for a case-action suit against the employer. The affected of this decision are the roughly estimated 25 million non-unionized employees as this will not apply to those represented by labor unions. Now, if an employee wants to challenge their employer, they must do so through arbitration process as an individual. A few examples of potential challenges are sexual harassment, racial discrimination, pay discrimination, and pregnancy discrimination. The arbitration process is known for its secrecy and costliness. Justice Neil Gorsuch wrote for the majority saying that the 1925 Federal Arbitration Act rules over the 1935 National Labor Relations Act. He wrote

“But as a matter of law the answer is clear. In the Federal Arbitration Act, Congress has instructed federal courts to enforce arbitration agreements according to their terms - including terms providing for individualized proceedings.”

Justice Ruth B. Ginsburg dissent of the decision called it “egregiously wrong” and the employees most affected by this are the low-wage and vulnerable workers in the private sector.