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This Note will highlight the specific instances of gender-based employment discrimination in professional sports and then consider how alternative dispute resolution (“ADR”) provides the best avenue to address and correct these imbalances. In particular, this Note will analyze the benefits and drawbacks of ADR and litigation, while simultaneously applying this analysis to the discussion of the gender gap in professional sports employment. Part II will outline several examples of this discrimination, while also briefly detailing the general hiring and wage gaps that exist between men and women. In doing so, this section will examine the hiring practices of three of the major professional sports leagues: MLB, the National Football League (“NFL”), and the National Basketball Association (“NBA”). Part III will focus on the legal options available in cases of gender-based employment discrimination and will also provide the aforementioned comparative review of ADR and litigation as it relates to professional sports employment. Part IV will offer a proposal that is grounded in an ADR-centric approach to help remedy this lack of gender diversity in professional sports work. Finally, Part V will reiterate why ADR provides a better avenue than litigation to solve this issue, while summarizing the specific details of this Note’s proposal and main arguments.
Cardozo Journal of Conflict Resolution
sports, Gender Equality, Employment Discrimination, Alternative Dispute Resolution (ADR)
Kirshenbaum, Elan, "Twenty Yards From the End Zone: ADR, and the Potential for Greater Levels of Gender Equality in Professional Sports Employment" (2022). Articles. 7.