How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette

27 Pages Posted: 17 Sep 2018

See all articles by Mark Gough

Mark Gough

Pennsylvania State University

Date Written: October 2018

Abstract

Using a novel experimental vignette design, this study shows how firm adoption of equal employment opportunity (EEO) policies, internal dispute resolution procedures, occupational segregation, and use of mandatory arbitration agreements affect employment attorney perceptions of employment discrimination claims. Findings reveal the organizational environment of a claim can signal compliance with antidiscrimination law and the use of mandatory arbitration reduces the expected value of a claim and willingness to accept it for representation. These findings contribute to the understanding of antidiscrimination law as a social system by showing organizational environments and mandatory arbitration clauses predict attorney case assessment.

Suggested Citation

Gough, Mark, How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette (October 2018). Industrial Relations: A Journal of Economy and Society, Vol. 57, Issue 4, pp. 541-567, 2018, Available at SSRN: https://ssrn.com/abstract=3247823 or http://dx.doi.org/10.1111/irel.12217

Mark Gough (Contact Author)

Pennsylvania State University ( email )

University Park
State College, PA 16802
United States

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