The author discusses the statutes enacted between 1963 and 1978 prohibiting discrimination because of race, color, sex, religion, national origin, and age, and the practical limits of arbitration under collective…
Management’s perspective of arbitration decisions and judicial rulings affecting physical and mental disabilities, no smoking rules, AIDS, health insurance, and employee rights under federal statutes….
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…
A description of the common law duty of loyalty as applied by courts, compared to the duty as construed by arbitrators under CBAs. The employee conduct reviewed includes competition with…
The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…
A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the…
A discussion of the relevance of the ADA to the arbitration of disciplines for poor attendance. The author observes that ADA employment protections are narrowing over time….
Canadian Jurisprudence: Recent developments in the duty to accommodate employees’ disabilities….
Dr. Baker reviews the more common disabling conditions and describes the steps between the first appearance of a problem in the workplace, its diagnosis, treatment, and the employee’s return to…