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  5. Resolving Discrimination Complaints in Employment Arbitration: An Analysis of the Experience in the Securities Industry

Resolving Discrimination Complaints in Employment Arbitration: An Analysis of the Experience in the Securities Industry

File(s)
Lipsky116_Resolving_Discrimination_Complaints.pdf (148.52 KB)
Permanent Link(s)
https://hdl.handle.net/1813/76031
Collections
ILR Articles and Chapters
Scheinman Institute on Conflict Resolution
Author
Lamare, J. Ryan
Lipsky, David B.
Abstract

This article empirically examines whether employment discrimination claims differ from other types of disputes resolved through arbitration. Whether arbitration is appropriate for resolving violations of anti-discrimination statutes at work is a focus of ongoing policy debates. Yet empirical scholarship has rarely considered whether different types of complaints might have distinct characteristics and receive varied outcomes in arbitration. The authors analyze all of the employment arbitration awards for cases filed between 1991 and 2006 in the financial services industry to determine whether differences in the type of allegation affect award outcomes. They also examine the effects of the financial industry’s decision in 1999 to introduce voluntary arbitration for discrimination claims. Results indicate that discrimination claims largely fared worse in arbitration than did other statutory or nonstatutory claims but that arbitration systems are capable of meaningful self-reform.

Date Issued
2018-01-01
Keywords
conflict management
•
dispute resolution
•
empirical analysis
•
discrimination
•
gender discrimination
Rights
Required Publisher Statement: © Cornell University. Reprinted with permission. All rights reserved.
Type
article

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