What's Left After Wright? - Dispute Resolution Journal - Vol. 54, No. 4
Leonard D. Polletta
The author is an assistant general counsel in the Office of the General Counsel for District Council 37, AFSCME, and has been practicing labor law for 22 years exclusively for unions. He is a member of the New York State Bar Association, and the National Lawyers Guild Labor Employment Committee, and is currently serving as one of several union attorneys on the AAA Labor Management Task Force.
In this article, Leonard Polletta reviews the court decisions that relate to employment discrimination rulings (from Gilmer to Wright). Polletta analyzes the various and controversial decisions that have emerged, and emphasizes the vital role that unions must play in order to help end workplace discrimination.
Two bites of the apple are better than one when it comes to the fight against discrimination in the workplace. Unions have a positive role to play in actively working to end workplace discrimination. And the grievance-arbitration procedures of collective bargaining agreements can be effective weapons if utilized aggressively to identify, isolate, and end workplace discrimination and to provide individual victims of discriminatory harassment and retaliation with rights and remedies for discrimination that might otherwise go unremedied.