What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims Ariana R. Levinson University of Louisville Brandeis School of Law.

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Presentation transcript:

What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims Ariana R. Levinson University of Louisville Brandeis School of Law

The Debate

1.Procedural Protections 2.Substantive Outcomes 3.Union and Its Procedures

Searches “ADA” “Americans with Disabilities Act” “disability discrimination” “accommodation” “Title VII” “race discrimination” “sex discrimination” “sexual harassment” “pregnancy discrimination” “ADEA” “Age Discrimination in Employment Act”

Sample 160 awards 101 disability cases59 other 76 statutory 35 statutory FMCS (50%) AAA (15%)

Timeliness Average 473 days Median 393 days DaysNumberPercentage % % %

Procedural Protections Publication Witness testimony Representation Transcripts Briefs Discovery Evidentiary rules Time bars/arbitribility Class actions 80 (50%) U represented 123 (77%) R represented 11 only U, not R (7%) 46 only R, not U (29%)

Procedural Protections Publication Witness testimony Representation Transcripts Briefs Discovery Evidentiary rules Time bars/arbitribility Class actions

Substantive Outcomes Analysis Applying law correctly Positions held Citation to legal authority Redaction Win/loss rates Relief Repeat players U win 49 of %

Union and Its Procedures Negotiated protections Understanding law Level of representation 32 statutory U wins 17 U agent

Concluding Thoughts ProceduralSubstantiveUnion & Its Procedures DiscoverySORSubstantive law SOLRemediesDFR ? Compulsory process Class actions