Exam Type: Please refer to the Spring 2021 Exam Schedule
This course will examine civil rights law in the workplace, one of the most hotly litigated bodies of law in recent decades. Although employers have great latitude when making employment decisions under common law, a variety of statutes regulate decisions that are based on protected characteristics, such as race, gender, age, religion, national origin, or disability. On the federal level, those statutes include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Family & Medical Leave Act, and more. Over time, those statutory protections have been subject to constant review and revision, both by courts called upon to resolve conflicting values and norms and by legislatures responding to competing political pressures. In studying core aspects of the doctrine that have remained relatively stable, as well as aspects that have changed over time, we will examine the forces that have influenced the ongoing development of this area of law. The course will cover various topics related to rights and procedures, including the increased prevalence of mandatory arbitration agreements and the role of class action litigation.
This course will be taught in an accelerated manner, with coursework to be completed during the first half of the semester.