Private Dispute Resolution and the Future of Institutional Workplace Discrimination
Howard Law Journal
This Article offers a broad perspective on the sources of judicial hostility and the increasing privatization of employment discrimination disputes. It shows that judicial hostility developed not only because of frivolous lawsuits but also because of employer compliance with the law and the subtlety and secrecy of discrimination itself. Additionally, this Article demonstrates that the ramifications of arbitral privatization have been grossly underestimated. Private dispute resolution is not merely a means to avoid frivolous lawsuits and large jury verdicts.
Stephen Plass, Private Dispute Resolution and the Future of Institutional Workplace Discrimination, 54 HOWARD L.J. 45 (2010).