Back to RJ Archive

No fault discrimination? Using the Americans with Disabilities Act as a model for “Norm Advocating” mediation in Title VII disputes.

Rau, Jacqueline
June 4, 2015

Source: (2012) Ohio State Journal on Dispute Resolution. 27:241-271.

The current mechanisms of obtaining statutory relief in federal discrimination suits are unsatisfactory for employees. The traditional method of judicial enforcement causes an employee to endure significant time and monetary expense to resolve the complaint. Although the number of employment actions filed in federal court continues to increase, the number of cases that proceed to trial has consistently decreased in that same period. Growing numbers of employees are not able to obtain relief after a federal pleading. Therefore,with significant problems in judicial relief remedies for employment discrimination cases, it is important for employees to have other effective mechanisms for enforcing their statutory rights. “Norm advocating” mediation
is the forum that best addresses the specific issues in employment discrimination disputes. (excerpt)


Support the cause

We've Been Restoring Justice for More Than 40 Years

Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.

Donate Now