Friday, January 9, 2009
Meilssa Hart, timekeeper extraordinaire, presided over today's panel entitled If It is Broken, Then Fix It: Needed Reforms to Employment Discrimination Law. Minna Kotkin (Brooklyn) spoke on how discrimination claimants alleging multiple categories of discrimination are less likely to prevail than claimants alleging a single category. Joe Seiner (South Carolina) spoke on how courts are using Twombley pleading standards to dismiss employment discrimination cases that previously would have survived. Roberto Corrada (Denver) proposed a unified standard to deal with religious cases involving both bias and accommodation issues. Finally, Deborah Widiss (Brooklyn) described how courts often narrowly construe Congressional overrides, using Gilbert and the PDA as an example.