The unconscionable arbitration clause in your job contract says you agree that only the arbitrator may decide the question of unconscionability.
Can a court still declare the unconscionable clause unconscionable, now that you learned your employer may have discriminated against you and people like you on grounds of race?
Or must the court send you to Do Your Best in an unconscionable arbitration?
Which arbitration may result in a wrong ruling by the arbitrator, who earns a fee for allowing the arbitration to go forward and whose rulings must stand unless he or she does something like name his or her horse the decision-maker?
The U.S. Supreme Court held this week, 5-4, that courts lack power to strike down unconscionable arbitration clauses whose drafters had the Good Sense to bar court review. Rent-A-Center, West, Inc. v. Jackson, No. 09-497 (U.S. June 21, 2010).