NCJ Number
96511
Date Published
1982
Length
12 pages
Annotation
The paper compares operations of the arbitral process versus the courts in discrimination-based complaints by employees and suggests ways arbitrators could better serve both parties in such cases.
Abstract
A review of Labor Arbitration Reports for the last 3 years shows that a large proportion involved employment discrimination claims, but also reveals very little uniformity in the way arbitrators dealt with discriminatory claims. The arbitrator should apply Title VII standards to minimize the attractiveness of pursuing the matter in court and to adhere to the intent of collective bargaining agreements, many of which refer to State and Federal laws. Case decisions also suggest that some arbitrators are not familiar with Title VII and its case law. This is especially evident in employee complaints of sexual harassment where arbitrators have imposed very high standards of proof on the grievant. In contrast, Equal Employment Opportunity Commission guidelines state an employer is liable for sexual harassment if any supervisory employee knew of the incidents or if the employer should have known. Courts and arbitrators also arrived at widely differing decisions concerning evidence that tends to show a pattern or practice of discrimination by the employer, with arbitrators not considering statistical data important. Arbitration is the best available forum for the grievant, and arbitrators have the power and flexibility to accomplish the goals of Title VII. A total of 27 notes are included.