Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
12
Issue
3
Date
1/1/2007

Article Facts

Title
The Arbitration of Gender Discrimination Grievances in the United States
DOI
10.2190/IE.12.3.c
Authors
  • David A. Dilts
  • Hedayeh Samavati
Pages
209-221
Online Date
10/17/2007

Article Links

The Arbitration of Gender Discrimination Grievances in the United States

David A. Dilts
Hedayeh Samavati

DOI: 10.2190/IE.12.3.c

Abstract

The resolution of allegations of gender discrimination falls under the antidiscrimination laws of the United States, but also often under collective bargaining agreements negotiated by employers and unions. This article examines labor arbitrators' decisions concerning gender discrimination issues in the United States. The authors examined published arbitration awards since 1964 and found that arbitrators have been routinely dealing with pregnancy, seniority, ability, sexual harassment, and hostile working environment issues. Arbitrators are developing a common law concerning these issues, which draws its essence from the collective bargaining agreements, but in the context of the applicable external law. The article presents current arbitral thought on each of these important issues.

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