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How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette

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  • Mark D. Gough

Abstract

Using a novel experimental vignette design, this study shows how firm adoption of equal employment opportunity (EEO) policies, internal dispute resolution procedures, occupational segregation, and use of mandatory arbitration agreements affect employment attorney perceptions of employment discrimination claims. Findings reveal the organizational environment of a claim can signal compliance with antidiscrimination law and the use of mandatory arbitration reduces the expected value of a claim and willingness to accept it for representation. These findings contribute to the understanding of antidiscrimination law as a social system by showing organizational environments and mandatory arbitration clauses predict attorney case assessment.

Suggested Citation

  • Mark D. Gough, 2018. "How Do Organizational Environments and Mandatory Arbitration Shape Employment Attorney Case Selection? Evidence from an Experimental Vignette," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 57(4), pages 541-567, October.
    • Handle: RePEc:bla:indres:v:57:y:2018:i:4:p:541-567
    DOI: 10.1111/irel.12217
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    References listed on IDEAS

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    1. Theodore Eisenberg, 2015. "Four Decades of Federal Civil Rights Litigation," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(1), pages 4-28, March.
    2. Kevin M. Clermont & Stewart J. Schwab, 2004. "How Employment Discrimination Plaintiffs Fare in Federal Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(2), pages 429-458, July.
    3. Alexander J.S. Colvin, 2003. "Institutional Pressures, Human Resource Strategies, and the Rise of Nonunion Dispute Resolution Procedures," ILR Review, Cornell University, ILR School, vol. 56(3), pages 375-392, April.
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    Cited by:

    1. Ivana Zilic & Helen LaVan, 2020. "Arbitration of accommodation in US workplaces: employee, stakeholder and human resources characteristics," Industrial Relations Journal, Wiley Blackwell, vol. 51(5), pages 454-473, September.
    2. Mark D. Gough & Alexander J. S. Colvin, 2020. "Decision-Maker and Context Effects in Employment Arbitration," ILR Review, Cornell University, ILR School, vol. 73(2), pages 479-497, March.
    3. J. Ryan Lamare, 2020. "The Devil Is in the Details: Attorney Effects on Employment Arbitration Outcomes," ILR Review, Cornell University, ILR School, vol. 73(2), pages 456-478, March.

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