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… Read More »Mental Health Issues in Arbitration
Approaches to evaluating, presenting, and resolving workplace disputes involving mental health issues
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… Read More »NAA members and the exploding ADR universe:EEO mediation at the EEOC
An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.
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… Read More »Recent law and arbitration: 1. W.R. Grace and Co.: An epilogue to the trilogy?
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… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 3. The legitimacy of arbitrating claims of discrimination
Although the authors believe that arbitration is an efficient means for eliminating discriminatory practices when the claim is individual and doesn’t require modifying the collective… Read More »Arbitration and DiscriminationI. Arbitration of employment discrimination cases: A prospectus for the future.
Citing various court cases to support her thesis, the author proposes that arbitrators must “clearly set forth in the decisions what was done and not… Read More »Arbitration and DiscriminationII. A modest proposal for the immediate future.
An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing… Read More »Arbitration and DiscriminationIII. The parties’ process and the public’s purposes
The author argues that, in the face of Gardner-Denver, arbitration remains the most effective means of resolving claims of discrimination. This assumes that parties are… Read More »Post-Gardner-Denver developments in the arbitration of discrimination claims