Mentally Ill Employees' Quest for Justice in Litigation: Procedural and Distributive

被引:2
作者
LaVan, Helen [1 ]
机构
[1] Depaul Univ, Chicago, IL 60604 USA
关键词
Procedural justice; Distributive justice; Mentally ill employees; Litigation; NVivo; Americans with disabilities act; WORKPLACE ACCOMMODATION; INVISIBLE DISABILITIES; UNITED-STATES; DISCRIMINATION; EMPLOYMENT; PEOPLE; WORK; REQUESTS; PERSPECTIVES; PERCEPTIONS;
D O I
10.1007/s10672-018-9324-x
中图分类号
F24 [劳动经济];
学科分类号
020106 ; 020207 ; 1202 ; 120202 ;
摘要
This research explores the issue of how employees with mental illnesses receive justice in litigation. It is a 10% random sample of cases litigated in 2005, 2010, and 2015. NVivo was used to auto code the almost 850,000 words that comprise these cases, considering variables such as psychological illnesses and treatment, changes in legal bases, and case outcomes over the years. Statistically significant differences in case outcome for employees was found when recent cases were compared with the earlier ones. The research develops and tests the concept of three types of justice: procedural internal, procedural external, and distributive. Using Kruskal Wallace, statistically significant differences were found in the justice types. However, these were not significantly related to case outcomes. Suggestions for future research are also provided.
引用
收藏
页码:29 / 46
页数:18
相关论文
共 59 条
[1]  
[Anonymous], 2014, Berkeley J. Employ. Labor Law, V35, P91
[2]  
[Anonymous], 1999, Mental Health: A Report of the Surgeon General
[3]  
1999 ASI 4048-47
[4]  
[Anonymous], SAGE BENCHMARKS SOCI
[5]   Withholding Requests for Disability Accommodation: The Role of Individual Differences and Disability Attributes [J].
Baldridge, David C. ;
Swift, Michele L. .
JOURNAL OF MANAGEMENT, 2013, 39 (03) :743-762
[6]  
Ballard R., 2016, CAPITOL U LAW REV, V44, P31
[7]  
Befort S.F., 2013, WASHINGTON LEE LAW R, V70, P2027
[8]   Health care use and at-work productivity among employees with mental disorders [J].
Berndt, ER ;
Bailit, HL ;
Keller, MB ;
Verner, JC ;
Finkelstein, SN .
HEALTH AFFAIRS, 2000, 19 (04) :244-256
[9]   Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation [J].
Berrey, Ellen ;
Hoffman, Steve G. ;
Nielsen, Laura Beth .
LAW & SOCIETY REVIEW, 2012, 46 (01) :1-36
[10]   Multiple Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation [J].
Best, Rachel Kahn ;
Edelman, Lauren B. ;
Krieger, Linda Hamilton ;
Eliason, Scott R. .
LAW & SOCIETY REVIEW, 2011, 45 (04) :991-1025