Resolving Discrimination Complaints in Employment Arbitration: An Analysis of the Experience in the Securities Industry

J. Ryan Lamare, David B. Lipsky

Research output: Contribution to journalArticlepeer-review

Abstract

This article empirically examines whether employment discrimination claims differ from other types of disputes resolved through arbitration. Whether arbitration is appropriate for resolving violations of anti-discrimination statutes at work is a focus of ongoing policy debates. Yet empirical scholarship has rarely considered whether different types of complaints might have distinct characteristics and receive varied outcomes in arbitration. The authors analyze all of the employment arbitration awards for cases filed between 1991 and 2006 in the financial services industry to determine whether differences in the type of allegation affect award outcomes. They also examine the effects of the financial industry’s decision in 1999 to introduce voluntary arbitration for discrimination claims. Results indicate that discrimination claims largely fared worse in arbitration than did other statutory or non-statutory claims but that arbitration systems are capable of meaningful self-reform.

Original languageEnglish (US)
Pages (from-to)158-184
Number of pages27
JournalILR Review
Volume72
Issue number1
DOIs
StatePublished - Jan 1 2019

Keywords

  • conflict management
  • discrimination
  • dispute resolution
  • empirical analysis
  • gender discrimination

ASJC Scopus subject areas

  • Strategy and Management
  • Organizational Behavior and Human Resource Management
  • Management of Technology and Innovation

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