While Franken has at times resorted to worse intellectual dishonesty than in this case he exposes, here he is right on the mark. As Franken's line of questioning and the answer that it elicts show, the statistic in question tells us virtually nothing about whether the outcomes of arbitration would be considered equally or more favorable to employees than are the outcomes of litigation. It is, in other words, a garbage statistic.

Firms are entitled to require arbitration as a condition of doing business with them, but those who deal with these firms are likewise entitled to require that there be no such imposition as their own condition of doing business.