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The Effect Of Gender On Awards In Employment Arbitration Cases: The Experience In The Securities Industry, David B. Lipsky, J. Ryan Lamare, Abhishek Gupta Jan 2013

The Effect Of Gender On Awards In Employment Arbitration Cases: The Experience In The Securities Industry, David B. Lipsky, J. Ryan Lamare, Abhishek Gupta

Articles and Chapters

In this article we analyze the outcomes of nearly 3200 awards issued in employment disputes settled by arbitration in the securities industry over the period 1986-2008. The large amount of litigation in the securities industry alleging discrimination by securities firms against the women they employ led us to hypothesize that women would do less well than men in these arbitration cases. Regression analysis reveals that the gender of the complainant and the complainant’s attorney (but not the gender of the respondent’s attorney or the arbitrator) had significant effects on the size of the awards. Regardless of the definition ...


The Effect Of Gender On Awards In Employment Arbitration Cases: The Experience In The Securities Industry, David B. Lipsky, J. Ryan Lamare, Abhishek Gupta Jan 2011

The Effect Of Gender On Awards In Employment Arbitration Cases: The Experience In The Securities Industry, David B. Lipsky, J. Ryan Lamare, Abhishek Gupta

Conference Proceedings, Presentations, and Speeches

[Excerpt] In this paper we use quantitative techniques to assess whether gender makes a difference in employment arbitration. Specifically, we focus on the experience in the securities industry where employment arbitration was introduced in 1986. Over the period 1986-2008, approximately 3,200 arbitration awards were issued in employment disputes arising in the industry. In every case the employee (and his or her attorney) presented the arbitrator with a monetary figure representing the damages associated with the claim; the figure presented to the arbitrator usually included the claimant’s demand for back pay and often included punitive damages as well. The ...


The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare Feb 2010

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

Articles and Chapters

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry.

After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration ...