Employment Discrimination

Employment Discrimination

Professor Elizabeth Bartholet
Spring 2018 course
T, W 3:20pm - 4:50pm in Griswold Hall Room 110
3 classroom credits

Prerequisites: None

Exam type: One-day take-home. Grades will be based on one-day take-home exam, with consideration given to class performance if class size is less than fifty.

This course addresses developments in civil rights law in the vital context of the workplace. We will look at law and policy designed to protect against discrimination based on race, gender, age, religion, national origin and disability. We will examine the ongoing debate in the Supreme Court, Congress, and the nation as to the appropriate meaning of the anti-discrimination norm, including questions regarding intent as compared to impact theories, reasonable accommodation as an alternative theory, individual as compared to group theories, affirmative action, work/family conflict, sexual harassment, mandatory arbitration, and other issues of current controversy and significance. At issue in this debate is the future of much of the law governing discrimination developed in the 1960s - 70s and, indeed, the future of anti-discrimination law altogether.

Throughout, we will assess and compare discrimination law in different areas and eras, and consider what the future of this law should be.

Laptops cannot be used in class.

Required Text: Cases and Materials on Employment Discrimination by Sullivan and Zimmer, 9th edition (2017), Aspen Publishers

Subject Areas: Constitutional Law & Civil Rights, Employment & Labor Law, Regulatory Law