Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
7
Issue
2
Date
1/1/1998

Article Facts

Title
And the Winner is ...? External Law and its Influence on Arbitration of Sexual Harassment Grievances
DOI
10.2190/MX4H-YM22-W9N4-Y1HT
Author
Helen Elkiss
Pages
149-165
Online Date
05/09/2002

Article Links

And the Winner is ...? External Law and its Influence on Arbitration of Sexual Harassment Grievances

Helen Elkiss

DOI: 10.2190/MX4H-YM22-W9N4-Y1HT

Abstract

The purpose of this study is to examine arbitrators' use of legal criteria in sexual harassment grievances. By examining 132 arbitration awards published in Labor Arbitration Reports from 1982-1997, decisions were analyzed to determine whether arbitrators incorporate Title VII criteria in their decisions and, if so, whether the law influenced the arbitrator to deny, sustain, or split the grievance. Sexual harassment external law is defined by Title VII of the Civil Rights Act, EEOC Guidelines on Sexual Harassment, and legal precedents. Furthermore, cases were divided into pre- and post-1991 to ascertain whether the 1991 changes to the Civil Rights Act affected the outcome of the awards.

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