Although the author could find no arbitration decisions dealing with trans-gender discrimination, Federal Courts have afforded Title VII protection against such discrimination.
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 Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would…
The employee’s rights to freedom of speech, religious freedom and freedom from religious discrimination are examined in the public and private workplace….
A review of the arbitration award concerning the discharge of Alexander and the court cases leading to the Supreme Court’s decision in Alexander v. Gardner-Denver. This is followed by an…
A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and…
Judge Edwards discusses the advantages of arbitration over the litigation of labor disputes, and endorses arbitration for employment disputes, including discrimination.
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…
Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….
An examination of the impact of arbitration on the formulation and administration of national labor policy. The interplay between labor arbitration and state and federal courts and administrative tribunals, the…