Law Commons^™

Comparing The Effects Of Judges' Gender And Arbitrators' Gender In Sex Discrimination Cases And Why It Matters, Pat K. Chew

Articles

Empirical research substantiates that the judges’ gender makes a difference in sex discrimination and sexual harassment court cases. The author’s study of arbitration of sex discrimination cases administered by the American Arbitration Association between 2010 and 2014, however, finds that this judges’ “gender effect” does not occur. Namely, there is no significant difference in the decision-making patterns of female and male arbitrators as indicated by case outcomes.

The author proposes that characteristics of arbitrators, the arbitration process, and arbitration cases all combine to help explain the gender effect differences. Further, she suggests that this analysis reveals concerns about the arbitration …

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …