Comparing the Effects of Judges' Gender and Arbitrators' Gender in Sex Discrimination Cases and Why It Matters

25 Pages Posted: 7 Aug 2017

See all articles by Pat K. Chew

Pat K. Chew

University of Pittsburgh - School of Law

Date Written: August 1, 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?

Keywords: gender, arbitrators, judges, sex discrimination, empirical

Suggested Citation

Chew, Pat K., Comparing the Effects of Judges' Gender and Arbitrators' Gender in Sex Discrimination Cases and Why It Matters (August 1, 2017). Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2017-21. Available at SSRN: https://ssrn.com/abstract=3012189

Pat K. Chew (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1378 (Phone)

HOME PAGE: http://www.law.pitt.edu/people/pat-k-chew

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