IDEAS home Printed from https://ideas.repec.org/a/bla/indrel/v51y2020i5p454-473.html

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

Author

Listed:
  • 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.

Suggested Citation

  • 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
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/irj.12308
    Download Restriction: no

    File URL: https://libkey.io/10.1111/irj.12308?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. 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.
    2. 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.
    3. 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.
    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. 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.
    6. 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.
    7. 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.
    8. 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.
    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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Maryam Dilmaghani, 2022. "The link between smoking, drinking and wages: Health, workplace social capital or discrimination?," Industrial Relations Journal, Wiley Blackwell, vol. 53(2), pages 160-183, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Rupert Harwood, 2016. "What Has Limited the Impact of UK Disability Equality Law on Social Justice?," Laws, MDPI, vol. 5(4), pages 1-23, November.
    2. 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.
    3. 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.
    4. Booth, Jonathan & Lup, Daniela, 2025. "Enabling inclusion: an analysis of positive and negative outcomes of discretionary work arrangements for employees with disabilities," LSE Research Online Documents on Economics 126269, London School of Economics and Political Science, LSE Library.
    5. Gustafsson, Per E. & Fonseca-Rodríguez, Osvaldo & Nilsson, Ingeborg & San Sebastián, Miguel, 2022. "Intersectional inequalities in loneliness among older adults before and during the early phase of the COVID-19 pandemic: A total population survey in the Swedish eldercare setting," Social Science & Medicine, Elsevier, vol. 314(C).
    6. Cécile Guillaume, 2018. "When trade unions turn to litigation: ‘getting all the ducks in a row’," Industrial Relations Journal, Wiley Blackwell, vol. 49(3), pages 227-241, May.
    7. Evans, Clare & Leckie, George & Subramanian, SV & Bell, Andrew & Merlo, Juan, 2024. "A Tutorial for Conducting Intersectional Multilevel Analysis of Individual Heterogeneity and Discriminatory Accuracy (MAIHDA)," SocArXiv 635hx, Center for Open Science.
    8. Chan, Randolph C.H. & Lam, Marcus Shengkai & Mao, Limin & Prankumar, Sujith Kumar & Wong, Horas, 2025. "Intracommunity intersectional discrimination and its impact on psychological distress and smoking behavior among sexual minority men from minority ethnic backgrounds," Social Science & Medicine, Elsevier, vol. 370(C).
    9. Lisa Dandolo & Christina Hartig & Klaus Telkmann & Sophie Horstmann & Lars Schwettmann & Peter Selsam & Alexandra Schneider & Gabriele Bolte & on behalf of the INGER Study Group, 2022. "Decision Tree Analyses to Explore the Relevance of Multiple Sex/Gender Dimensions for the Exposure to Green Spaces: Results from the KORA INGER Study," IJERPH, MDPI, vol. 19(12), pages 1-25, June.
    10. Malhotra, P. & Singh, Manjari, 2014. "Individual Factors and Organisational Initiatives Enabling the Success of PWD-Managers," IIMA Working Papers WP2014-03-19, Indian Institute of Management Ahmedabad, Research and Publication Department.
    11. Chandola, Tarani & Rouxel, Patrick, 2021. "The role of workplace accommodations in explaining the disability employment gap in the UK," Social Science & Medicine, Elsevier, vol. 285(C).
    12. Kline, Nolan, 2022. "Syndemic statuses: Intersectionality and mobilizing for LGBTQ+ Latinx health equity after the Pulse shooting," Social Science & Medicine, Elsevier, vol. 295(C).
    13. Lisa Dandolo & Klaus Telkmann & Christina Hartig & Sophie Horstmann & Sara Pedron & Lars Schwettmann & Peter Selsam & Alexandra Schneider & Gabriele Bolte & on behalf of the INGER Study Group, 2023. "Do Multiple Sex/Gender Dimensions Play a Role in the Association of Green Space and Self-Rated Health? Model-Based Recursive Partitioning Results from the KORA INGER Study," IJERPH, MDPI, vol. 20(7), pages 1-23, March.
    14. Abbamonte, J.M. & Ramlagan, S. & Lee, T.K. & Cristofari, N.V. & Weiss, S.M. & Peltzer, K. & Sifunda, S. & Jones, D.L., 2020. "Stigma interdependence among pregnant HIV-infected couples in a cluster randomized controlled trial from rural South Africa," Social Science & Medicine, Elsevier, vol. 253(C).
    15. Rolf, Steven & O'Reilly, Jacqueline & Meryon, Marc, 2022. "Towards privatized social and employment protections in the platform economy? Evidence from the UK courier sector," Research Policy, Elsevier, vol. 51(5).
    16. Shalene Werth, 2015. "Managerial attitudes: Influences on workforce outcomes for working women with chronic illness," The Economic and Labour Relations Review, , vol. 26(2), pages 296-313, June.
    17. Martins, Pedro S. & Saraiva, Joana, 2020. "Assessing the legal value added of collective bargaining agreements," International Review of Law and Economics, Elsevier, vol. 62(C).
    18. Hazel Conley & Margaret Page, 2018. "The Good, the Not So Good and the Ugly: Gender Equality, Equal Pay and Austerity in English Local Government," Work, Employment & Society, British Sociological Association, vol. 32(4), pages 789-805, August.
    19. Gustafsson, Per E. & Fonseca-Rodríguez, Osvaldo & Castel Feced, Sara & San Sebastián, Miguel & Bastos, João Luiz & Mosquera, Paola A., 2024. "A novel application of interrupted time series analysis to identify the impact of a primary health care reform on intersectional inequities in avoidable hospitalizations in the adult Swedish populatio," Social Science & Medicine, Elsevier, vol. 343(C).
    20. repec:osf:socarx:sazxj_v1 is not listed on IDEAS
    21. Maryam Dilmaghani, 2022. "The link between smoking, drinking and wages: Health, workplace social capital or discrimination?," Industrial Relations Journal, Wiley Blackwell, vol. 53(2), pages 160-183, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:indrel:v:51:y:2020:i:5:p:454-473. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0019-8692 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.