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Although the author could find no arbitration decisions dealing with trans-gender discrimination, Federal Courts have afforded Title VII protection against such discrimination.

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An overview of the advantages and disadvantages, and liability risks associated with 1) adopting policies that limit inter-employee relations and 2) with not adopting such policies.

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While adhering to the terms of the CBA between Ford Motor Company and the UAW during wartime, Arbitrator Harry Shulman nonetheless interpreted those terms broadly, so as to produce results that did not discriminate against women by reason of their sex. The author concludes that “the labor arbitration process was capable of listening to the …

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The author compares arbitral and judicial competence to hear and decide discrimination complaints and concludes that the traditional arbitration model provides as good or better forum for resolving gender discrimination claims. She addresses typical concerns (e.g. that an employee will not be fairly represented; that an arbitrator’s narrow responsibility of contract interpretation does not include …

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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 done, considered and not considered.” She adds that only then can the decision be given weight in a court proceeding.

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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 various cases, the author emphasizes “the difficulties inherent in authorizing arbitrators to enforce Title VII.”

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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 willing to incorporate the resolution of discrimination claims, with reference to existing law, in bargaining agreements. Also suggested is the deferral of EEOC cases to arbitral review, with arbitration costs …

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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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