Originally from Dispute Resolution Journal

In an address at the Industrial Relations Center of McGill University in October 1977, Robert Coulson, president of the American Arbitration Association, pointed out that some authorities maintain that "equal employment opportunity is such a fundamental right that its enforcement should only be achieved in a public forum." If one accepfs this proposition, the alternative is for government to provide a trial of such issues within a reasonable time so that justice can be provided to the parties." He went on to add, however, that because of massive backlogs, it has been virtually impossible for discrimination agencies to provide immediate relief.

Rather than suggest that grievants take their case to court, the author of this article proposes that a procedure be developed to allow tor arbitration of discrimination grievances under the aegis of the Equal Employment Opportunity Commission that would be open to all employees, whether unionized or not. The procedure, the author claims, would provide a reasonable certainty of finality. Rather than allowing for a trial de novo, the courts, using an independent judgment standard, would review all evidence in the record and determine whether they would have arrived at the same decision as the arbitrator.

On September 21, 1977, Eleanor Holmes Norton of the Equal Employment Opportunity Commission announced the creation of a new office in the EEOC called the Office of Special Projects and Programs. One of its projects will be the development of "individual worker-employer arbitration" as an optional mode of settlement. This article, it is hoped, should stimulate debate on possible methods to implement such a project.