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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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Mental Health Issues in Arbitration ? The Process

Approaches to evaluating, presenting, and resolving workplace disputes involving mental health issues

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An examination of the state of employment dispute resolution law in the State of California.

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An examination of the development and implementation of the EEOC’s voluntary mediation program, and discussion of proposed legislation: the National Employment Dispute Resolution Act (or ‘NEDRA”).

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Reasonable accommodation in the workplace: New developments in the United States and Canada

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

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Make-whole and statutory remedies:4. Management perspective

In the face of Gilmer, the authors recognize the role of arbitrators in resolving employment disputes based upon federal statute, and recommend that organizations such as the AAA and NAA be at the forefront in developing rules assuring procedural and substantive fairness.

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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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Arbitration in the federal sector

Arbitrators and advocates give their per perspectives of arbitration in the federal sector. Arbitrators assert that the parties often fail to provide the relevant law, rules, and regulations that must be considered; the advocates assert that arbitrators often fail to apply the required standards or to consider the appropriate authority.

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An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement of arbitration awards, 2) the “finality” of awards and 3) the resolution of jurisdictional issues by both arbitrators and courts.

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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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