Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration of Human Rights and Discrimination Employment Claims
(2011) 20(1) Cardozo Journal of International and Comparative Law pp. 1-73
Shelley McGill and Ann Marie Tracey
published: 2011 | Research publication | Journal Article
Arbitration figures prominently in the resolution of disputes arising in the unionized workplaces of both Canada and the United States. However, when the dispute involves a human rights or discrimination issue access to a public forum remains important for both individual and societal reasons. This paper reviews the differing positions on exclusive arbitrator jurisdiction over employment discrimination and human rights disputes in Canada and the United States and makes recommendations for reform.
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revised Nov 21/11
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