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Arbitration of discrimination grievances

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…

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Conflicts arising out of work force diversity

A review of the anti-discrimination laws and their application by the Courts. Arbitrators are advised to educate themselves with the requirements of the statutes, and not rely on the parties…

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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…

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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…

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Professor Rentfro proffers that evolving societal values are reflected in the workplace: sexual harassment cases; drug and alcohol cases (and employee assistance programs); and a breakdown in the social contract…

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A brief overview of free speech conflicts and rights in the public and private sectors, and the tension between such rights and the employer’s obligations under Title VII of the…

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In the Cotran decision, the California Supreme Court ruled that the appropriate inquiry in adjudicating a breach of contract claim was whether the employer’s conclusion of misconduct was reached honestly…

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We all prefer people most like ourselves. A labor arbitrator, acting alone, should be cognizant of potential biases arising from his/her background, life experiences and gender. The author posits that,…

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The factors that an employer should consider when adopting a policy regulating inter-employee conduct. The author describes two types of policies: a policy requiring the reporting of relationships (for which…

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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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