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

  2. The Debate

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

  4. 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”

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

  6. Timeliness Average 473 days Median 393 days

  7. 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%)

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

  9. Substantive Outcomes • Analysis • Applying law correctly • Positions held • Citation to legal authority • Redaction • Win/loss rates • Relief • Repeat players U win 49 of 150 33%

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

  11. Concluding Thoughts