The Legal and Ethical Considerations Surrounding Forced Arbitration of Sexual Harassment Claims in the Workplace.

Publication Date: 17/01/2025

DOI: 10.52589/BJLIM-6ZQRRH0K


Author(s): Ibekwe Emmanuel Chidi .
Volume/Issue: Volume 5, Issue 1 (2025)
Page No: 21-32
Journal: British Journal of Library and Information Management (BJLIM)


Abstract:

This study examines the legal and ethical issues surrounding forced arbitration of sexual harassment claims in the workplace. It seeks to answer the question: "What are the legal and ethical implications of mandatory arbitration agreements for workplace sexual harassment cases?" Through a literature review and analysis of case studies, the research highlights the challenges of arbitration's confidentiality, reduced compensatory outcomes, and potential biases favoring employers. Findings indicate that forced arbitration limits transparency, restricts employees' ability to achieve fair compensation, and perpetuates organizational secrecy, potentially discouraging victims from reporting incidents. The study concludes with recommendations for policy reforms, advocating for voluntary arbitration, increased public accountability, and regulatory oversight to create a fairer, more transparent system. The results emphasize the need for legislative changes and organizational practices that prioritize employee autonomy, support victims, and address power imbalances inherent in forced arbitration. Ultimately, these reforms could foster a safer and more equitable work environment, where victims are empowered to pursue justice.

Keywords:

Forced arbitration, Workplace sexual harassment, Legal ethics, Workplace accountability, Dispute resolution, Arbitration reform.

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