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Arbitration of accommodation in US workplaces: employee, stakeholder and human resources characteristics

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  • Ivana Zilic
  • Helen LaVan

Abstract

This research examines how arbitrators consider accommodations for employees with physical and mental illnesses. Unlike other recent research on the subject, the authors specifically and purposely draw their sample from recent US arbitration cases—2015 to 2018, n = 209. Additionally, using content analysis software, NVivo, the case characteristics were autocoded, and the case outcomes were manually coded. Using logistic regression, the following model was developed to predict the odds of case outcomes: disability, injury, discrimination, retaliation, absence and reinstatement. The Cox and Snell and Nagelkerke analysis indicates that our model accounts for approximately 15.6 to 21.5 per cent of the variance, with 33.3 per cent of the individual and split arbitration cases outcomes and 91.2 per cent for organisation arbitration cases correctly predicted. The model predicts 71.2 per cent of the cases.

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  • Ivana Zilic & Helen LaVan, 2020. "Arbitration of accommodation in US workplaces: employee, stakeholder and human resources characteristics," Industrial Relations Journal, Wiley Blackwell, vol. 51(5), pages 454-473, September.
    • Handle: RePEc:bla:indrel:v:51:y:2020:i:5:p:454-473
    DOI: 10.1111/irj.12308
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    References listed on IDEAS

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    1. Bauer, Greta R. & Scheim, Ayden I., 2019. "Methods for analytic intercategorical intersectionality in quantitative research: Discrimination as a mediator of health inequalities," Social Science & Medicine, Elsevier, vol. 226(C), pages 236-245.
    2. Kelly Williams‐Whitt & Daphne Taras, 2010. "Disability and the Performance Paradox: Can Social Capital Bridge the Divide?," British Journal of Industrial Relations, London School of Economics, vol. 48(3), pages 534-559, September.
    3. Deborah Foster & Peter Scott, 2015. "Nobody's responsibility: the precarious position of disabled employees in the UK workplace," Industrial Relations Journal, Wiley Blackwell, vol. 46(4), pages 328-343, July.
    4. Stephen Wood & Richard Saundry & Paul Latreille, 2017. "The management of discipline and grievances in British workplaces: the evidence from 2011 WERS," Industrial Relations Journal, Wiley Blackwell, vol. 48(1), pages 2-21, January.
    5. Laura C. William, 2016. "The implementation of equality legislation: the case of disabled graduates and reasonable adjustments," Industrial Relations Journal, Wiley Blackwell, vol. 47(4), pages 341-359, July.
    6. Laura William & Birgit Pauksztat & Susan Corby, 2019. "Justice obtained? How disabled claimants fare at Employment Tribunals," Industrial Relations Journal, Wiley Blackwell, vol. 50(4), pages 314-330, July.
    7. J. Ryan Lamare & David B. Lipsky, 2019. "Resolving Discrimination Complaints in Employment Arbitration: An Analysis of the Experience in the Securities Industry," ILR Review, Cornell University, ILR School, vol. 72(1), pages 158-184, January.
    8. Simon Deakin & Sarah Fraser Butlin & Colm McLaughlin & Aleksandra Polanska, 2015. "Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 39(2), pages 381-403.
    9. Mark D. Gough, 2018. "How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 57(4), pages 541-567, October.
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