Obscured Inequalities in Mechanisms for Managing Workplace Disputes

Although the law gives workers a variety of rights, actually implementing them is a battle in itself. When settling workplace disputes outside the courtroom, the dispute is met with a mandate to compromise, often ignoring the parties’ rights. If dispute resolution occurs within the workplace, employees often face an even more uneven playing field when confronting their employers, who enjoy greater experience, the appearance of legitimacy, and substantial experience with many such grievances. Moreover, the hierarchical organization of the workplace further hampers employees’ abilities to effectively resolve their disputes if they are able to raise the grievance at all