Employment Discrimination Law

This course will explore the full range of employment discrimination law issues, focusing initially on Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on "race, color, religion, sex, or national origin." The course will consider the basic legal framework for proving individual and class-based impact discrimination under Title VII, including how the courts utilize statistics in employment litigation. Affirmative action in employment, and the tension between equal treatment and equal results, will be studied. The course will address legal issues involving various forms of employment discrimination, including liability for workplace harassment, sex discrimination, equal pay, sexual orientation and gender identity discrimination, age discrimination and religious discrimination. Disability discrimination under the Americans with Disabilities Act and protection against retaliation for filing discrimination claims and opposition to discrimination in the workplace will also be considered. Remedial and procedural issues involving federal and state laws against discrimination will be a focus of the course throughout, including the role of the EEOC and the role of the private bar, arbitration and mediation of statutory claims, and the use of class and collective actions in enforcing federal and state employment discrimination laws.