The Unguided Use of Internal ADR Programs to Resolve Sexual Harassment Controversies in the Workplace

Authors

Jessica Oser, Benjamin N. Cardozo School of Law

Abstract

This Note will explore some of the concerns raised by the use of mandatory IDR mechanisms in the workplace, particularly in the context of resolving sexual harassment disputes. As previously noted, the use of IDR in the workplace can be highly effective and beneficial for both the employee and the employer. However, just as the Food and Drug Administration approves drugs that have potentially harmful side effects, the public and the U.S. government should approve of the use of IDR mechanisms despite the potential for abuse. In both circumstances, the public deserves to be warned about the possible dangers. This does not mean that the mechanism itself must be rejected in its entirety. Rather, by shedding light on some of the problems associated with mandatory IDR mechanisms, perhaps we can learn more about the system in order to make the appropriate changes to protect those who currently stand to lose and effectuate the ultimate goal of enhancing quality of work life for all employees.

Disciplines

Civil Rights and Discrimination | Dispute Resolution and Arbitration | Labor and Employment Law | Law

Recommended Citation

Jessica Oser, The Unguided Use of Internal ADR Programs to Resolve Sexual Harassment Controversies in the Workplace, 6 Cardozo J. Conflict Resol. 283 (2005).
Available at: https://larc.cardozo.yu.edu/cjcr/vol6/iss2/6