Placing the Reality of Employment Discrimination Cases in a Compa
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Placing the Reality of Employment Discrimination Cases in a Compa
T Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa ent Discrimination Cases in a Comparative ContextJean R. sternlightUniversity of Nevada. Las Vegas - William s. Boyd School of LawFollow this and additional works at: https//scholars.law unlv.edu/facpub& Part of the Labor and Employment Law CommonsRecommended CitationSternlight, Jean R„ ’Placing the Placing the Reality of Employment Discrimination Cases in a Compa Reality of Employment Discrimination Cases in a Comparative Context" (2007). Scholarly Works. 1173.https://scholars.law.unlv.edU/facpub/l 173This ArtPlacing the Reality of Employment Discrimination Cases in a Compa
icle is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the WillT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa NT DISCRIMINATION CASES: PROCEEDINGS OF THE 2007 ANNUAL MEETING, ASSOCIATION OF AMERICAN LAW SCHOOLS, SECTIONS ON EMPLOYMENT DISCRIMINATION AND ALTERNATIVE DISPUTE RESOLUTIONMichelle A. Travis": Welcome to our panel on Dispute Resolution in Action: Examining the Reality of Employment Discrimination Placing the Reality of Employment Discrimination Cases in a Compa Cases, which is jointly sponsored by the AALS Section on Employment Discrimination and the AALS Section on Alternative Dispute Resolution (ADR). I amPlacing the Reality of Employment Discrimination Cases in a Compa
Michelle Travis, from the University of San Francisco School of Law. I am the outgoing Chair of the Section on Employment Discrimination, and I would T Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa Case Western Reserve University School of Law, Monique Lillard, from the University of Idaho College of Law, and Paul Secunda, from the University of Mississippi School of Law. I would also like to thank the members of our Annual Meeting Planning Committee for their help organizing this panel: Miri Placing the Reality of Employment Discrimination Cases in a Compa am Cherry, from Cumberland School of Law, Minna Kotkin, from Brooklyn Law School, and Joe Slater, from Toledo Law School.It has been a pleasure to worPlacing the Reality of Employment Discrimination Cases in a Compa
k with the Section on ADR to plan this joint panel. I would like to thank the members of the ADR Section’s Planning Committee, as well as the outgoingT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa Schneider, from Marquette University Law School. Andrea is an expert on ADR, negotiation, and international law. Without her hard work, this panel would not have been possible.Today, our panel will be exploring the topic of dispute resolution in employment discrimination cases. In particular, we wi Placing the Reality of Employment Discrimination Cases in a Compa ll be discussing how employment discrimination cases are handled under a• Professor of Law, University of San Francisco School of Law, and outgoing ChPlacing the Reality of Employment Discrimination Cases in a Compa
air of the AALS Section on Employment Discrimination.139140 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL\\'oL 11:139 variety of dispute resolution meT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa als of efficiency, fairness, and justice. Our four speakers will be discussing various dispute resolution processes moving along a spectrum from internal, to external, to global.Our first speaker will be Professor Susan Bisom-Rapp, from the Thomas Jefferson School of Law, where she is the director o Placing the Reality of Employment Discrimination Cases in a Compa f the Center for Law & Social Justice. Susan is an expert on employment discrimination law, particularly sexual harassment law, as well as internationPlacing the Reality of Employment Discrimination Cases in a Compa
al and comparative employment law in the globalized workplace. Susan will be discussing recent studies on internal employer compliance efforts and disT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa t will be Doctor and Professor E. Patrick McDermott, from the Franklin p. Perdue School of Business of Salisbury University. Pat is an expert on ADR in the workplace, particularly on the EEOC’s mediation and conciliation programs, which will be focus of his remarks today. He will be followed by Prof Placing the Reality of Employment Discrimination Cases in a Compa essor Michael Green, from Texas Wesleyan School of Law. Michael is an expert on employment discrimination law, employment and labor law, and ADR. HisPlacing the Reality of Employment Discrimination Cases in a Compa
work has focused in particular on analyzing the effects of workplace ADR on a variety of racial justice issues. Michael will be discussing recent deveT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa by looking at the ADR methods that other countries use to resolve employment discrimination disputes. That speaker is Professor Jean Sternlight, from the William s. Boyd School of Law al the University of Nevada, Law Vegas, where she is the Director of the Saltman Center for Conflict Resolution. Jea Placing the Reality of Employment Discrimination Cases in a Compa n will be focusing in particular on comparing the ADR approaches in the United States, the United Kingdom, and Australia.2007]DISPUTE RESOLUTION IN APlacing the Reality of Employment Discrimination Cases in a Compa
CTION141HOW WELL DO INTERNAL EEO ALTERNATIVE DISPUTE RESOLUTION AND LITIGATION PREVENTION MEASURES ADVANCE THE TRADITIONAL GOAL OF ANTIDISCRIMINATION T Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa such as mediation, arbitration, neutral evaluation, and facilitation endeavor to keep disputants out of the courtroom.In the employment discrimination area, resolving disputes without litigation has significant appeal. After all, lawsuits are lengthy, expensive, and perhaps most importantly, can be Placing the Reality of Employment Discrimination Cases in a Compa psychically damaging to litigants. On the latter point, sociologists Bob Nelson and Laura Beth Nielsen are conducting a study, The Genesis and DeveloPlacing the Reality of Employment Discrimination Cases in a Compa
pment of Employment Discrimination Lawsuits, which involves, among other things, interviews with parties involved in federal discrimination filings.1 T Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa uits failed to yield what they really wanted: reinstatement to jobs they loved.2Employers, motivated by the monetary and temporal costs of litigation, and the desire to signal compliance with antidiscrimination* Professor of Law. Director, Center for Law and Social Justice, Thomas Jefferson School o Placing the Reality of Employment Discrimination Cases in a Compa f Law. This essay is based on a presentation given at the January 2007 Association of American Law Schools Annual Meeting. The author and the thoughtsPlacing the Reality of Employment Discrimination Cases in a Compa
expressed herein benefited from participation in a research working group entitled, "Social Scientific Perspectives on Employment Discrimination in OT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa in the Behavioral Sciences, and the Ford Foundation (grant #1045-0189). Thanks to Frank Dobbin, Laurie Edelman and Laura Beth Nielsen for comments on the manuscript.1.See generally American Bar Foundation, Robert L. Nelson. Director & Senior Research Fellow, Current ABF Projects,Placing the Reality of Employment Discrimination Cases in a Compa
iscrimination Lawsuits'): see also Laura Beth Nielsen & Robert L. Nelson, Scaling the Pyramid: A Sociolegal Model of Employment Discrimination LitigatT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa ntours of Nielsen’s and Nelson’s research).2.See E-mail from Laura Beth Nielsen. Research Fellow. /Xmerican Bar Foundation. Assistant Professor of Sociology and Law, Northwestern University, to Susan Bisom-Rapp, Professor of Law, Thomas Jefferson School of Law (Dec. 9, 2006) (on file with author); E Placing the Reality of Employment Discrimination Cases in a Compa -mail from Susan Bisom-Rapp. Professor of Law. Thomas Jefferson School of Law. to Laura Beth Nielsen, Research Fellow, American Bar Foundation, AssistPlacing the Reality of Employment Discrimination Cases in a Compa
ant Professor of Sociology and Law, Northwestern University (Nov. 14. 2006) (on file with author).142 EMPLOYEE RIGHTSAND EMPLOYMENT POLICY JOURNAL[VoỉT Ĩ\TT\ ĩ I WILUAM s. BOYDU1MJLV I SCHOOL OF LAWScholarly Commons @ UNLV Boyd LawScholarly WorksFaculty Scholarship2007Placing the Reality of Employme Placing the Reality of Employment Discrimination Cases in a Compa party neutral, for this talk, 1 consider employer-adopted, internal equal employment opportunity (EEO) compliance mechanisms as forms of ADR and dispute prevention. And, relying on studies by social scientists, I want to discuss some possible yardsticks for evaluating the effectiveness of these stru Placing the Reality of Employment Discrimination Cases in a Compa ctures.Gọi ngay
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