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. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.