Originally from Dispute Resolution Journal

Complaints of sexual harassment have become fairly commonplace in North American workplaces in recent years as more and more women are both entering the workforce and also speaking up for their rights. This study, based on an examination of 37 cases by a leading expert in Canada, will concentrate on analyzing arbitration cases in two categories: (1) cases brought by (or on behalf of) victims of sexual harassment, and (2) "just-cause" cases brought by the alleged harasser (usually challenging the penalty that has been imposed). The author concludes with four suggestions which may be of use for arbitrators engaged in this complex field.