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Mental illness disability and discrimination complaint disputes are discussed, including the types of mental disorders, relevant laws, the assessment processes, forensic issues and impairment and disability consequences.

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The author states that, in the Circuit City decision, the U.S. Supreme Court “mangled” the FAA and ignored the provision in the Civil Rights Act for jury trial of disparate treatment cases. He describes why employees prefer jury trials, the reasons including the opportunity for discovery, more sympathetic decision-makers, and more appropriate remedies.

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An examination of the arbitrator’s role in applying public statutes to determinations of just cause when those statutes have been incorporated by reference into the CBA.

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A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose requirements at odds with the National Labor Relations Act and, correspondingly, common CBA provisions. The Court’s distinctions between Gilmer and Gardner-Denver are examined. Representatives of …

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Attorney Hautzinger sees a new era in employee involvement in operational decisions that runs counter to the National Labor Relations Act. He sees no “social contract” because he sees no consequence for the breach of such a contract. Attorney Hautzinger predicts a continuing decline in Unions and increase in arbitration of employment disputes.

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The rise of labor arbitration from the 1940s to 1970s; its plateau in the 1980s (statistics are furnished); the decrease in private sector and increase in public sector arbitration; and the rise of employment arbitration. A distinction is offered between Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) and Gilmer (arbitration appropriate …

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The author addresses the standards that arbitrators should apply when addressing charges of sexual harassment, and the rights of the accused as well as the employer and alleged victim. Helen Neuborne, Exec. Dir. of NOW, notes the importance of arbitrators understanding workplace dynamics and the problems posed for women by sexual harassment, and urges that …

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In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration. After Gardner-Denver decision, sweeping reforms undertaken at the EEOC diminished the need for arbitration to resolve state and federal agency discrimination claims. The author argues …

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The deficiencies of labor arbitration as a forum for the resolution of gender, race and other form invidious discrimination under federal law are examined. The tendency of arbitrators to view their grant of authority narrowly. constraints in fashioning remedies, possible complicity of the union in the discriminatory conduct, and an apparent reluctance by arbitrators to …

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A discussion, reprinted from the Industrial and Labor Relations Review 24 (April, 1971), of sex discrimination in the workplace, the impact of Title VII of the Civil Rights Act of 1964 and its arbitral applications and limitations. Revisiting the debate within the Academy over the proper role of an arbitrator confronted with conflict between the …

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