Do Cognitive Biases Affect Adjudication?: A Study of Labor Arbitrators (with Monica Biernat) (forthcoming)

Martin H. Malin, Chicago-Kent College of Law
Monica Biernat, University of Kansas Dept of Psychology

Abstract

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.