Arbitration Awards in Discrimination Disputes: An Empirical Analysis

Oppenheimer, Margaret; LaVan, Helen
March 1979
Arbitration Journal;Mar1979, Vol. 34 Issue 1, p12
Academic Journal
Examined in this study is the use of arbitration in employment discrimination disputes. Significant relationships include the finding of discrimination more often in sex than in race cases and more often in the public than in the private sector. There is also a tendency for arbitrators to cite law, judicial decisions, or other arbitral decisions when ruling in favor of the grievant, especially when back pay is awarded. Other variables that are of interest, but are not statistically related to the decisions, are whether the arbitrator is an attorney and whether there is a no-discrimination clause in the contract.


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