This course initially will cover how employment discrimination law has developed, beginning with the Civil War discrimination statutes, and progressing to Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on “race, color, religion, sex, or national origin.” We will begin by considering the legal framework for proving individual and systemic disparate treatment as well as class-based disparate impact discrimination under Title VII, focusing on race and sex discrimination (including employer and individual liability for workplace harassment, the Me-Too movement, pay equity and discrimination in compensation, and sexual orientation and gender identity discrimination generally and in light of Executive Order 14168 (purporting to exclude gender identity from sex discrimination)). This segment will address how the courts utilize statistics in employment discrimination litigation, recent and developing challenges to these principles under the new Presidential administration, and principles of compensation discrimination and Equal Pay Act/FLSA remedial issues. We then will contrast how these basic principles change when applied to other forms of employment discrimination, including age discrimination, disability discrimination under the ADA, and national origin and religious discrimination. Affirmative action in employment will be a significant focus, as we assess Executive Order 14173 (revoking the 1965 affirmative action Executive Order 11246 and purporting to end the Department of Labor’s affirmative action enforcement program), what this means for affirmative action programs in the private sector, and whether the Supreme Court’s rulings on affirmative action in college admissions apply to affirmative action programs in the workplace. Protection against retaliation for filing discrimination claims and opposition to discrimination in the workplace, subjects commonly raised in EEOC charges and private litigation, will be considered in detail, along with pertinent whistleblower statutes. We will conclude by analyzing recent procedural and remedial developments, the role of federal and state enforcement agencies and the role of the private bar, arbitration and mediation of statutory employment claims, and the use of class and collective actions in enforcing federal and state employment discrimination laws.