The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry
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Lipsky, David B.; Lamare, J. Ryan; Gupta, Abhishek
[Excerpt] In this paper we use quantitative techniques to assess whether gender makes a difference in employment arbitration. Specifically, we focus on the experience in the securities industry where employment arbitration was introduced in 1986. Over the period 1986-2008, approximately 3,200 arbitration awards were issued in employment disputes arising in the industry. In every case the employee (and his or her attorney) presented the arbitrator with a monetary figure representing the damages associated with the claim; the figure presented to the arbitrator usually included the claimant’s demand for back pay and often included punitive damages as well. The employers in these cases always denied that the employees’ claims had merit (and frequently filed counterclaims); the employer-respondent maintained in each of these cases that the arbitrator should not award the employee-claimant any money at all (Lipsky, Seeber, and Lamare, 2010).
employment; arbitration; gender; awards; securities industry
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