Document Type
Article
Publication Date
2017
Abstract
Empirical research substantiates that the judges’ gender makes a difference in sex discrimination and sexual harassment court cases. The author’s study of arbitration of sex discrimination cases administered by the American Arbitration Association between 2010 and 2014, however, finds that this judges’ “gender effect” does not occur. Namely, there is no significant difference in the decision-making patterns of female and male arbitrators as indicated by case outcomes.
The author proposes that characteristics of arbitrators, the arbitration process, and arbitration cases all combine to help explain the gender effect differences. Further, she suggests that this analysis reveals concerns about the arbitration process more broadly: do the employers’ advantages as a repeat player, the arbitrators’ competitive pressures, and the arbitrators’ unmonitored discretion in decision-making all combine to explain both the gender effect differences and problematic biases in the arbitration process?
Recommended Citation
Pat K. Chew,
Comparing the Effects of Judges' Gender and Arbitrators' Gender in Sex Discrimination Cases and Why It Matters,
32
Ohio State Journal on Dispute Resolution
195
(2017).
Available at:
https://scholarship.law.pitt.edu/fac_articles/32
Included in
Civil Rights and Discrimination Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Judges Commons, Labor and Employment Law Commons, Law and Gender Commons