Model procedures for sexual harassment claims
Article Abstract:
The American Arbitration Assn (AAA) has proposed a way of dealing with sexual harassment claims outside the courtroom. This would involve neutral fact-finding teams including one person of each gender who would investigate these disputes by interviewing all concerned and preparing reports. The report would be completed within two weeks of the team's selection, with copies given to the accused, the accuser and the employer. If these parties cannot reach a resolution, the process could go to mediation under AAA auspices and arbitration could follow.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Excessive absenteeism and the Disabilities Act
Article Abstract:
The classification of some people with a history of absenteeism as disabled by the Americans with Disabilities Act (ADA) presents a new challenge for arbitrators. Though a business's claim that ADA will cost them billions of dollars is out of touch with reality, the absenteeism issue does pose challenges. Arbitrators should familiarize themselves with ADA and the full extent of its mental and physical impairment definitions. Only through a complete understanding of the law can arbitrators be sure of their decision in such cases.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Sexual harassment: new challenge for labor arbitrators?
Article Abstract:
The Clarence Thomas-Anita Hill hearings before Congress brought the issue of sexual harassment in the workplace to the forefront of labor arbitration issues. The EEOC guidelines describe two forms of sexual harassment - quid pro quo and hostile environment - but courts trying such cases have had trouble defining what constitutes a hostile environment. To determine just cause, arbitrators can use seven questions developed by Adolph Koven and Susan Smith, which examine employers' responsibilities and evidence.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The price of doing business: environmental criminal fines and the administrative expense solution. The administrative relationship between the district and bankruptcy courts
- Abstracts: The mediation alternative in sex harassment cases. The role of mandatory arbitration for financial institutions
- Abstracts: California underground regulations. Administrative law in the 21st century. 'A Civil Action' holds up a mirror to David vs. Goliath litigation
- Abstracts: The merger review process at the Federal Trade Commission: administrative efficiency and the rule of law. The function, flexibility, and future of United States judges of the executive department
- Abstracts: IRS issues revenue procedures on determination letters and rulings. Internal procedures for Walk-In CAP compliance program published by IRS