Experimental evidence of gender effects in arbitration decisions

Oswald, Sharon L.; Caudill, Steven B.

doi:10.1007/bf01385032

Cited by 10 publications

(7 citation statements)

References 14 publications

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“…Previous research has examined the effect of gender on outcomes in other arbitral and judicial settings. Bemels, in an analysis of 104 grievance arbitration cases, found that women were twice as likely as men to have their grievance sustained (Bemels ); in a later study of over 1800 discharge cases, Bemels found that in cases decided by male arbitrators women were 86 percent more likely to have their grievances sustained than were men, but there was no significant difference in the treatment of male and female grievants by female arbitrators (Bemels ; see also Bemels ; Oswald and Caudill ). Scott and Shadoan analyzed 169 grievance arbitration awards and found that the gender of the grievant and the gender of the arbitrator had no effect on these decisions (Scott and Shadoan ).…”

Section: Theory Developmentmentioning

confidence: 99%

The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry

Lipsky

Lamare

Gupta

2012

Industrial Relations

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In this article we analyze the outcomes of nearly 3200 awards issued in employment disputes settled by arbitration in the securities industry over the period 1986–2008. The large amount of litigation in the securities industry alleging discrimination by securities firms against the women they employ led us to hypothesize that women would do less well than men in these arbitration cases. Regression analysis reveals that the gender of the complainant and the complainant's attorney (but not the gender of the respondent's attorney or the arbitrator) had significant effects on the size of the awards. Regardless of the definition of the dependent variable, female complainants did less well than male complainants in these employment arbitration cases. In most estimates, the gender of the attorney representing the complainant also affected the size of the award: male attorneys obtained larger awards than female attorneys. We conclude that these gender differentials are more likely to be the consequence of employment conditions in the securities industry rather than biases in the arbitration process.

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Section: Theory Developmentmentioning

confidence: 99%

The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry

Lipsky

Lamare

Gupta

2012

Industrial Relations

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“…When we separate the effects of grievant gender on arbitration decisions for male arbitrators from female arbitrators, the research suggests that female arbitrators treat male and female grievants similarly, and male arbitrators have a slight tendency to treat female grievants more favorably. In studies examining female arbitrators, Bigoness and DuBose (1985), Bemmels (1988c), Scott and Shadoan (1989) and Oswald and Caudill (1991) all found no difference in the treatment of male and female grievants. These studies go against the Queen Bee syndrome (Staines et al 1974) which suggests that women in positions of authority place extremely high expectations on other women.…”

Section: Sexual Harassment Complaints and Decision Maker Perceptionsmentioning

confidence: 93%

“…These studies go against the Queen Bee syndrome (Staines et al 1974) which suggests that women in positions of authority place extremely high expectations on other women. In studies of male arbitrators, some researchers (e.g., Bigoness and Dubose 1985;Bemmels 1988b;Oswald and Caudill 1991;Tata 1990) found no differences between the treatment of male and female grievants by male arbitrators. Bemmels (1988a, c), however, did find that male arbitrators treated female grievants more favorably than male grievants.…”

Section: Sexual Harassment Complaints and Decision Maker Perceptionsmentioning

confidence: 97%

A Model for Predicting Outcomes of Sexual Harassment Complaints by Race and Gender

Luthar

Tata

Kwesiga

2008

Employ Respons Rights J

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Organizational scholars have studied the impact of sex on sexual harassment outcomes but left unexplored the influences of race. Thus, we use social identity theory to explore the role of race stereotypes and their influences on sexual harassment outcomes. We posit that stereotypes of African-American women tend to be much more negative than those of white women and this serves to marginalize their position both as victims of sexual harassment as well as complainants. relational demography approach, based largely on social identity theory (SIT; Tajfel and Turner 1986), suggests that individuals in organizations categorize themselves into groups based on demographic characteristics (e.g. race, gender, ethnicity; Chattopadhyay et al. 2004b). To this end, this research has focused on work-related outcomes such as citizenship behavior, organizational commitment, performance, absenteeism, and turnover intentions (Baugh and Graen 1997;Chatman et al. 1998;Riordan and Shore 1997;Rover and Gelfand 2005;Tsui et al. 1992), and none has explored if gendered experiences such as sexual harassment may vary for members of different ethnic/racial groups in organizations. The sexual harassment literature treats gender as a monolithic category and the research done on samples of white women is assumed to apply to women of all races and ethnic backgrounds.

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“…Nonprofessional employees comprise 58.8% of our sample. Despite numerous studies concluding that case outcomes are related to occupational differences, this hypothesis was not supported by our data. Case outcomes in terms of a vacatur of an award or a finding in favor of management are positively related to the male sex of the individual as suggested by (Bemmels (1988a, 1988b); Biernat and Malin (2008); and Oswald and Caudill (1991). One problem in this hypothesis is that in the court cases the identity of the individual was not always disclosed.…”

Section: Hypothesesmentioning

confidence: 97%

“…Research showing occupational differences in the arbitration process has included differences in the occupations themselves (Lewin, 1990; Thornicroft, 1989, 1992); differences related to teachers (Clark & Ogata, 2006; Marmo, 1986); IRS agents (Guffey & Helms, 2001); police, law enforcement and firefighters (Johnson, McKenzie, & Crawley, 2007; LaVan & Carley, 1985; LaVan (2007b); LaVan, Katz, & Carley, 1993); and nurses or nurse practitioners (Philipsen, 2008; Turner, 2009). Sex differences may also occur, owing to sex segregation in various occupations (Bemmels (1988a, 1988b); Biernat & Malin, 2008; Oswald & Caudill, 1991).…”

Section: Case Characteristics Related To Case Outcomesmentioning

confidence: 99%

Vacating of Arbitration Awards as Diminishment of Conflict Resolution

LaVan

Jedel

Perkovich

2012

Negotiation Conflict Man Res

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The traditional perspective about arbitration has been that the award of the arbitrator is final and binding on all parties. Generally, arbitration has resolved the conflict. However, a trend has emerged in which the losing party seeks a court as a second forum for the resolution of the dispute in order to have the decision of the arbitrator vacated. This study analyzed 101 randomly selected cases out of a population of 573 cases in which vacatur of an arbitration award was sought. In approximately 30% of these cases, the arbitration award was in fact vacated. Case characteristics, applicable laws, legally based behaviors and arbitrator behaviors were analyzed to develop an understanding of the contexts in which arbitration awards are vacated. Implications for arbitrators and the advocates are suggested.

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Experimental evidence of gender effects in arbitration decisions

Cited by 10 publications

References 14 publications

The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry

The Effect of Gender on Awards in Employment Arbitration Cases: The Experience in the Securities Industry

A Model for Predicting Outcomes of Sexual Harassment Complaints by Race and Gender

Vacating of Arbitration Awards as Diminishment of Conflict Resolution

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