Sex in the workplace
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… Read More »Sex in the workplace
sexual harassment
Avoiding use of stereotypes in labor and employment arbitration: Sexual harassment’s peculiar posture in labor arbitration
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… Read More »Avoiding use of stereotypes in labor and employment arbitration: Sexual harassment’s peculiar posture in labor arbitration
Romance in the workplace:An overview of the problem of workplace romances
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… Read More »Romance in the workplace:An overview of the problem of workplace romances
Romance in the workplace:Two types of policies regulating workplace romances
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… Read More »Romance in the workplace:Two types of policies regulating workplace romances
NAA members and the exploding ADR universe:Sexual harassment, factfinding and investigations: Issues & dilemmas
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… Read More »NAA members and the exploding ADR universe:Sexual harassment, factfinding and investigations: Issues & dilemmas
“Free speech” rights in the workplace: How should arbitrators draw the lines. Introduction.
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… Read More »“Free speech” rights in the workplace: How should arbitrators draw the lines. Introduction.
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… Read More »Conflicts arising out of work force diversity
Changing values in the workplace and arbitration
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… Read More »Changing values in the workplace and arbitration
Arbitration of sexual harassment
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… Read More »Arbitration of sexual harassment
Arbitration of discrimination grievances: Arbitral and judicial competence compared
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… Read More »Arbitration of discrimination grievances: Arbitral and judicial competence compared