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…
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…
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…
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…
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…
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…
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.
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…
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…
Sex in the workplace
Nathan Goldberg, Adam Levin, Kathleen M. McKenna, Maureen Stamp, Carol Wittenberg
January 16, 2007 Proceedings Database
In Lyle v. Warner Brothers Television, the California Supreme Court ruled that salacious language, if job-related or if not intended to harass or discriminate against the gender of the complainant,…
The Chronicle
- The future of labor arbitration – a challenge
- International comparison of the role of neutrals in resolving shop floor disputes. Lessons for arbitrators.
- Arbitral discretion: The tests of just cause
- Is the labor movement on the right course?
- The presidential address: Advocates I have known
- National Mediation Board – Adoption of the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes
- Committee on Professional Responsibility and GrievancesOpinion No. 17
- Arbitration forums 2. Mature collective bargaining relationships
- Arbitration forums 1. Academia
- The arbitration process: 2. Arbitral craftsmanship and competence. Comment