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36 Hofstra Lab. & Emp. L. J. 293 (2018-2019)
Measuring Arbitration's Effectiveness in Addressing Workplace Harassment

handle is hein.journals/hlelj36 and id is 313 raw text is: MEASURING ARBITRATION'S EFFECTIVENESS IN ADDRESSING WORKPLACE HARASSMENT Stacy A. Hickox* & Michelle Kaminski ABSTRACT The damage caused by workplace harassment for both tar- gets and the employer calls for a fresh look at how harassment should be addressed in American workplaces. This study analyzes both judicial review of employers' responses to harassment and arbitration awards resolving grievances filed by alleged harassers to resolve the question of how employers should respond to al- leged workplace harassment. The viability of arbitration as an al- ternative to the court's mandate to exercise reasonable care is par- ticularly important given the pervasiveness of both harassment and arbitration programs. Awards reviewing discipline imposed on al- leged harassers under the just cause standard demonstrate how harassment can be addressed appropriately outside of the typical litigious approach, but only if the parties creating the arbitration program and the surrounding policies provide an adequate frame- work to do so. Statistical analysis demonstrates which factors most influence the outcomes in arbitration awards. These awards also point out weaknesses in relying on arbitration to address harass- ment, many of which can be addressed by policies and collective bargaining agreements (CBAs) dedicated to eradicating harass- ment in the workplace. The paper highlights some unique and * Associate Professor, Michigan State University School of Human Resources & Labor Relations; J.D., University of Pennsylvania Law School. ** Associate Professor, Michigan State University School of Human Resources & Labor Relations; Ph.D. University of Michigan; Recipient of the Wurf Fel- lowship, Labor and Worklife Program at Harvard Law School.

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