Monday, December 21, 2020
For employment discrimination law in the U.S., United Steelworkers v. Weber, 443 U.S. 193 (1979), remains a key U.S. Supreme Court ruling on how Title VII of the Civil Rights Act of 1964 applies to an employer’s voluntary affirmative action plan. On the details and context of the Weber litigation, there are a lot of good secondary sources (e.g., Malamud 2006). Add to that list a recent radio story from WNPR’s United States of Anxiety and reporter Marianne McCune.
Come for the interviews with Dennis English (in charge of labor relations at Kaiser Aluminum), the son of Jim Nailor (selected for Kaiser’s training program), and Brian Weber himself. Stay for the oral argument exchange between Weber’s lawyer and Thurgood Marshall, plus commentary by Hina Shah.
Malamud, Deborah. 2006. “The Story of United Steelworkers of America v. Weber.” In Employment Discrimination Stories, edited by Joel Wm. Friedman. New York: Foundation Press.
Monday, January 27, 2020
Louis Menand (Harvard Arts & Sciences; degree from Harvard Law) published a great essay in last week's The New Yorker on affirmative action: Integration by Parts. I'm posting the take-away below, but the entire essay is well worth reading, not least for its historical description of the concept.
The whole history of affirmative action shows ... that when the programs are shut down minority representation drops. Diversity, however we define it, is politically constructed and politically maintained. It doesn’t just happen. It’s a choice we make as a society.
It is possible to understand the opposition to affirmative action of white conservatives, like Ronald Reagan, who regard civil-rights laws as federal overreach and affirmative action as enshrining the un-American notion of group rights. And it is possible to understand the opposition of black conservatives, like Clarence Thomas, who see it as patronizing to African-Americans.
But it is hard to understand the opposition, often diehard, of many white liberals that has persisted since the nineteen-seventies. Did these people really imagine that passing a law against discrimination would reset race relations overnight? Do they really think that white Americans, wherever they work or go to college, do not carry a lifelong advantage because of the color of their skin? Do they really believe that there should be no sacrifice to make or price to pay for the systematic damage done to the lives of millions of American citizens and the men and women who are their ancestors?
Friday, January 12, 2018
Paul Caron over at TaxProf Blog sends word that the American College of Employee Benefits Counsel is sponsoring its 14th Annual Employee Benefits Writing Competition on any topic in the field of employee benefits law. The competition is open to any J.D. and graduate (L.L.M. or S.J.D) law students enrolled at any time between August 15, 2017 and August 15, 2018. Two $1,500 prizes may be awarded. The submission deadline is June 1, 2018.
Monday, January 23, 2017
I've mentioned on Facebook that I've spent the last couple of weeks teaching at a Saigon labor college. I'm writing now to give an update -- and a heads-up to anyone who might be interested in either a short-term gig or a longer-term Fulbright here. Both, I think, would be terrific options.
Friday, December 16, 2016
Congratulations to Rachel Arnow-Richman and Nantiya Ruan (both at Denver) on the publication of their new book Developing Professional Skills: Workplace Law (West 2016). Here's the author's description:
Incorporating professional skills and ethics into the traditional workplace law course is a critical but challenging undertaking. This easy-to-use book simplifies the effort, offering eleven discrete exercises designed to help students develop skills in the key areas of drafting, counseling, negotiation and advocacy. Each exercise involves a different substantive area of workplace law, including covenants-not-to compete, wage and hour law, employment discrimination, whistleblower protection and general common law and tort principles. The book is flexible enough to supplement any doctrinal casebook, or can be used to teach a stand-alone skills course.
Fortunately for us in the field of workplace law, Rachel Arnow-Richman and Nantiya Ruan have just eliminated a tremendous amount of that work. Over several iterations, they developed a first-rate experiential course in this field. And they are willing to share their work, so that we do not have to reinvent this well-designed wheel. The result is their forthcoming book (due for release in the next week or so), Developing Professional Skills: Workplace Law.
This narrow volume provides a rich set of workplace law problems that can be used, off the shelf, to teach a problem-based course. There are 11 chapters, each of which contains a detailed but manageable workplace law scenario. And while all of the scenarios are fun and thoughtfully crafted, you might consider using even a subset of them, given the book’s low price point ($25, from what I understand).
This is terrific. Developing the material for teaching skills is by far the hardest and most time-consuming part.This book is a very welcome addition to our pedagogical toolbox.
Saturday, March 19, 2016
Laura Cooper (Minnesota) writes to tell us:
Labor and employment law professors and their students should take note of the new rules for the 2016 American Bar Association Section of Labor and Employment Law and The College of Labor and Employment Lawyers Annual Law Student Writing Competition. The competition has doubled its award for the first-prize essay to $3000. The prize also, as before, brings with it the opportunity of publication in the ABA Journal of Labor & Employment Law that has tens of thousands of practicing attorneys as subscribers. Another change in the rules permits essays to be as long as thirty-five pages. Students may find it easier to prepare their spring semester seminar papers in the competition’s format now that the submission deadline has been set for June 15, 2016, well after the end of final exams. See the complete competition rules here.
Monday, February 1, 2016
Roger Abrams (Northeastern) has just published The Labor Arbitration Workshop: An Experiential Approach (Carolina Academic Press, 2016). The book is a fascinating collection of (mostly) arbitration awards. An accompanying website contains simulations that can be used to develop lawyering skills. Here's the publisher's description:
Using these unique experiential materials, students explore the important role of alternative dispute resolution in the workplace. Using court and arbitration decisions as well as supplementary materials and problems, students discuss the role of the advocate, the relationship between arbitration and the judicial system, issues of arbitrability, evidence and procedure, as well as a variety of substantive contractual issues normally addressed in arbitration, such as seniority, fringe benefits, wages and hours, subcontracting and union security. In particular, the workshop focuses on "just cause" discharge and discipline cases. Using transcripts and simulations provided in a supplementary website, students draft an arbitration brief based on a transcript of a hearing and participate in an arbitration simulation using witnesses and documentary evidence.
Wednesday, October 7, 2015
Katie Kennedy (John Marshall--Chicago) and Israel Goldowitz (Pension Ben. Guar. Corp.), members of the American College of Employee Benefits Counsel (ACEBC) Law Student Outreach Committee have written to tell us of a couple of exciting opportunities for law students to help foster interest in employee benefits as a practice area.
The committee has developed:
- A mentorship program that connects interested law students with ACEBC Fellows to learn what day-to-day practice is like as an attorney who is either in-house, government, law firm, not-for-profit or teaching; and
- A writing competition on an employee benefits topic that opens each January and closes in May/June.
Information on both of these programs is available at http://www.acebc.com. Check it out!
Monday, October 5, 2015
Congratulations to our own Joe Seiner on the publication of his casebook, Employment Discrimination: Procedure, Principles, and Practice. I have had a chance to look through it quickly and, as the title might suggest, it brings together two of Joe's areas of expertise: procedure and employment discrimination law. In addition to the usual cases, notes, and questions, the text also contains interactive problems, notes about newsworthy issues, and exercises. From the news release:
This text offers a fresh perspective on employment discrimination law, presenting a procedural-based approach to the topic with interactive materials throughout the book. While still providing the traditional employment discrimination casebook coverage, this text emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter which discusses the most effective ways to address workplace discrimination, from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer.
Cases are modern and cutting-edge, demonstrating the importance of employment discrimination law. Each chapter includes a chapter-in-review, and summary charts and graphs are used throughout the text to further student comprehension. Text boxes within cases, historical notes, and news events are all used to help bring the material to life in an innovative new way. Instructors will have access to sample exam problems and answers, proposed syllabi, Teacher’s Manual with problem answers, and PowerPoint slides.
A great resource that's worth checking out, for sure.
Monday, September 28, 2015
Thomas Jefferson School of law is pleased to announce the second Jameson Crane III Disability and the Law Writing Competition. Made possible by the generous gift of Thomas Jefferson School of Law alumnus Jameson Crane III, the Crane Writing Competition seeks to encourage outstanding student scholarship at the intersection of law and medicine, or law and the social sciences. The competition promotes an understanding of these topics, furthers the development of legal rights and protections, and improves the lives of those with disabilities.
The competition is open to currently enrolled law students, medical students, and doctoral candidates in related fields who attend an accredited graduate program of study in the United States. Submitted papers may be on any topic relating to disability law, including legal issues arising with respect to employment, government services and programs, public accommodations, education, higher education, housing, and health care.
Submissions will be judged anonymously by an independent panel of experts. The winner of the competition will receive a $1,500 cash prize and the Thomas Jefferson Law Review (TJLR) will consider the paper for publication under the TJLR’s editorial standards. Two second place winners will each receive a $1,000 cash prize. Preference for these additional winners will be given to submissions from disciplines not represented by the grand prize winner.
All submissions must be submitted electronically to: email@example.com. All entries must be received by midnight, Pacific Standard Time, January 15, 2016. Winning submissions will be announced by April 15, 2016.
For further details, please consult the competition webpage: http://www.tjsl.edu/cranewritingcompetition. Please distribute this information broadly so that we may reach as many eligible students as possible. Questions may be directed to Professor Susan Bisom-Rapp, who will be coordinating the competition: firstname.lastname@example.org.
What a great opportunity!
Thursday, September 17, 2015
I used this video clip by Shelley Correll (Stanford - Sociology) today to introduce the topic of sex discrimination and stereotyping, to terrific effect. Students are appropriately outraged by the facts of Price Waterhouse, but they also know that few employers these days are so stupid as to be as overtly discriminatory. Today's flavors of discrimination are much more subtle, and this 20-minute video does a nice job of illustrating that.
I followed the video by asking the students to describe sex stereotyping that they had observed at our law school, at our university, and in the law firms and courtrooms they were working and interning in. This generated an animated discussion, and wearing my decanal hat, gave me some ideas of things I can do to improve our law school environment. One of the many interesting directions our discussion took was that law student perceptions of the expertise of junior law professors can vary considerably by gender, and that that in turn may influence the "personas" that male and female law professors may adopt in the classroom.
Thanks to my colleague Dacy Wilcox for sending the video to me.
Monday, July 20, 2015
If you are planning to attend the annual Colloquium on Scholarship in Employment and Labor Law (COSELL), please remember to register. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience. It will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana.
More information and links to register are available at: http://www.law.indiana.edu/cosell. The registration deadline is August 1.
Tuesday, April 28, 2015
The annual Colloquium on Scholarship in Employment and Labor Law (COSELL) will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience.
Registration is now open at: http://www.law.indiana.edu/cosell.
If you’re planning to come, please go ahead and register now; you can fill in details about the project you will present later in the summer.
The conference is free, and we will provide all meals during the conference. Travel & hotel information is found on the website.
Please feel free to contact any of us with questions.
We will look forward to hosting you in Bloomington!
April 28, 2015 in About This Blog, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0)
Tuesday, March 31, 2015
Congratulations to blogger emeritus and our friend Paul Secunda (Marquette), who has been awarded a Senior Fullbright Scholar award for this fall. He will be teaching and conducting research on the national pension program in Australia. Paul will become a senior fellow at the Melbourne University Law School, teaching courses and conducting research on the Australian Superannuation workplace pension system, which is widely considered to be a global benchmark for workplace pension programs. You can get more detail from Marquette's press release. Great work, and wonderful news, Paul!
Monday, December 1, 2014
Thanks to Monique Lillard (Idaho), chair of the AALS Labor Relations and Employment section and Natasha Martin (Seattle), chair of the AALS Employment Discrimination section for sending along the joint newsletter of the two sections for posting. Download it while it's hot: Download Joint Newsletter for AALS Sections
December 1, 2014 in Disability, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor and Employment News, Labor Law, Public Employment Law, Scholarship, Teaching, Wage & Hour | Permalink | Comments (0) | TrackBack (0)
Monday, October 6, 2014
The Southeastern Association of Law Schools holds its annual meeting every summer at the end of July/beginning of August, and planning for next year's programming has started. For the past several years, a workshop for labor and employment law has taken place over several of the days. Michael Green (Texas A & M) is helping to organize the workshop for next summer. If you are interested in participating, feel free to get in touch with him: email@example.com. Some suggestions already made include panels or discussion groups on whistleblowing, joint employer issues, termination for off-duty conduct (including recent NFL scandals), disability and UPS v. Young, and a junior scholars workshop.
One additional piece of programming already proposed is a discussion group on attractiveness issues in Employment Discrimination cases. Wendy Greene is helping to organize it, so get in touch with her if you are interested in participating on that topic.
And regardless of whether you get in touch with Michael or Wendy, you should think about proposing programming for the annual meeting if you are at all interested and regardless of the topic. The meeting is surprisingly (because of the lovely environs) substantive, and the environment is very relaxed and is designed to be egalitarian. Here are the details:
The SEALS website www.sealslawschools.org is accepting proposals for panels or discussion groups for the 2015 meeting which will be held at the Boca Raton Resort & Club http://www.bocaresort.com/ Boca Raton, Florida, from July 27 to Aug. 2. You can submit a proposal at any time. However, proposals submitted prior to October 31st are more likely to be accepted.
This document explains how to navigate SEALS, explains the kinds of programs usually offered, and lays out the rules for composition of the different kinds of programming: Download Navigating submission. The most important things the Executive Director emphasizes are these: First, SEALS strives to be both open and democratic. As a result, any faculty member at a SEALS member or affiliate school is free to submit a proposal for a panel or discussion group. In other words, there are no "section chairs" or "insiders" who control the submissions in particular subject areas. If you wish to do a program on a particular topic, just organize your panelists or discussion group members and submit it through the SEALS website. There are a few restrictions on the composition of panels (e.g., panels must include a sufficient number of faculty from member schools, and all panels and discussion groups should strive for inclusivity). Second, there are no "age" or "seniority" restrictions on organizers. As a result, newer faculty are also free to submit proposals. Third, if you wish to submit a proposal, but don't know how to reach others who may have an interest in participating in that topic, let Russ Weaver know and he will try to connect you with other scholars in your area.
October 6, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Thursday, July 17, 2014
Anyhow, a mildly amusing Case of the Disappearing Opinion. The case, Foglia v. Renal Ventures Mgmt., LLC, is to be found at 2014 U.S. App. LEXIS 10549. It's not an uninteresting decision in any event -- adopting the "nuanced" branch of the circuit split on pleading a False Claims Act case -- but that's not the point of the present posting.
The opinion is dated June 6, 2014 but has a Lexis stop sign to the left, suggesting a BIG PROBLEM. Clicking the "subsequent history" link takes one to an order, dated June 10th, stating:
It is hereby ORDERED that the Opinion filed on June 6, 2014 is vacated and an amended opinion shall be filed simultaneously with this Order. The revised opinion does not alter the June 6, 2014 judgment.
So far so good, except that there is no opinion dated June 10th and filed simultaneously with the order.
With the June 6th opinion vacated, and nothing substituted, Foglia, which was intended to be a precedential opinion, has in effect disappeared from Lexis.
Not to worry. Further sleuthing (entailing the assistance of two colleagues and two research assistants) determined that the June 6th opinion posted on Lexis was in fact the amended opinion referred to in the June 10th order. So all's well but for the stop sign.
A call to Lexis, hopefully, set the wheels in motion to correct that problem. Apparently, Westlaw simply posted the amended opinion, so there was no confusion there.
If you're wondering, the reason for the amendment was the misidentification of one of the circuits in the split -- a single word change.
There are a few lessons to be learned from this:
1. Researchers should be wary of stop signs.
2. Courts maybe shoudn't simply swap out opinions -- any problem would have been obviated if the amended opinion had been dated June 10th.
3. Law professors have an awful lot of time on their hands in the summer.
Thanks to my colleagues Ed Hartnett and Michael Risinger and my RAs John Dumnich and Angela Raleigh for their help.
UPDATE, July 18: I received a very gracious call today from Lexis but the bottom line is that the red stop sign remains in place. Even though the caller acknowledged that the opinion that one is cautioned to beware of is actually an uncriticized, precedential opinion. The effect will be to mislead anyone researching on Lexis, but apparently that's OK. This has gone from being mildly amusing to being frustrating.
Thursday, June 12, 2014
Just a friendly reminder from conference organizers, Melissa Hart and Scott Moss at the University of Colorado Law School, that the deadline to register to attend, and/or present a paper at, the 9th Annual Labor and Employment Scholars Colloquium is Friday, August 1, 2014. The Colloquium is scheduled in Boulder between September 11-13, 2014.
You can register and submit a paper proposal at this link:
June 12, 2014 in About This Blog, Arbitration, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0) | TrackBack (0)
Wednesday, May 28, 2014
The AALS is hosting a Workshop June 22-24 in Washington DC on Transnational Perspectives on Equality Law. The full program is here, and this is a summary:
Workshop on Transnational Perspectives on Equality Law
Sunday, June 22 - Tuesday, June 24, 2014
The Renaissance Mayflower Hotel
Antidiscrimination law is an American invention that has spread all around the world. During the American civil rights movement of the 1960s, antidiscrimination law promised radical social transformations towards equality for women and minorities in the workplace, in politics, and in education. But recent developments in Equal Protection and Title VII doctrine have paralyzed this trajectory. Meanwhile, the last decade has seen the unprecedented globalization of antidiscrimination law, as well as its expansion and alternative development outside the United States, catalyzed largely by the European Union's two directives in 2000, on race equality and on equal treatment in employment. Over the last few years, a new body of equality law and policy experimentation has emerged not only in the EU and in European countries, but also in South Africa, Canada, Latin America, and Asia. There is a range of public policies adopted to mitigate the disadvantages of vulnerable groups such as racial, ethnic, and religious minorities, women, the disabled, the elderly, and the poor, constituting an "equality law" that goes beyond norms prohibiting discrimination.
At the same time, antidiscrimination law in the United States seems to be changing. U.S. Supreme Court decisions over the last several years (Ricci v. DeStefano, Parents Involved in Community Schools v. Seattle School District, Wal-Mart v. Dukes, and Shelby County v. Holder) have signaled the end of antidiscrimination law as envisioned by the civil rights movement in the United States. In response, there is growing scholarly interest in finding new approaches to the persistent problem of structural inequality. Comparative reflection is a productive tool, particularly when energy and optimism surrounds the trajectory of antidiscrimination law and equality policy outside of the United States. Now that there is over a decade's worth of new antidiscrimination activity in the EU countries following the 2000 equality directives, the time is ripe for scholarly reflection and evaluation of these developments. From an intellectual, practical, and strategic perspective, antidiscrimination scholars in the United States can no longer ignore developments in antidiscrimination law in other countries.
While a growing number of American legal scholars are lamenting the limits of antidiscrimination law, the recent growth of this body of law outside of the United States has largely gone unnoticed. The central purpose of this mid-year meeting is to widen the comparative lens on U.S. equality law - its failures, its achievements, and its potential - across a variety of subject areas. The meeting will provide a unique and much-needed opportunity to bring together scholars from various fields - constitutional law, employment discrimination law, comparative law, comparative constitutional law, election law, education law - to deepen and enrich the scholarship and teaching of equality. The meeting will also provide a unique opportunity for U.S. scholars to interact with a wide, varied, and stimulating group of antidiscrimination scholars working around the world.
Additionally, law schools are increasingly making their curricula more transnational and comparative. This conference will assist teachers in integrating comparative perspectives to illuminate constitutional law, employment discrimination law, employment law, and other traditional subjects.
This Workshop will explore a number of critical questions including what is at stake in looking comparatively when doing equality law; how affirmative action is understood in other legal systems; understanding disparate impact, accommodation, and positive rights. There will be discussions of religion, profiling, and equality and social movements. Transnational perspectives on equality law will be a greater component of antidiscrimination scholarship going forward. This meeting should not be missed.
AALS Planning Committee for 2014 AALS Workshop on Transnational Perspectives for Equality Law
Timothy A. Canova, Nova Southeastern University Shepard Broad Law Center
Guy-Uriel E. Charles, Duke University School of Law, Chair
Richard T. Ford, Stanford Law School
Reva B. Siegel, Yale Law School
Julie C. Suk, Benjamin N. Cardozo School of Law Yeshiva University
May 28, 2014 in Conferences & Colloquia, Disability, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Religion, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)
Tuesday, May 20, 2014
Please welcome guest blogger Joseph Seiner from the University of South Carolina School of Law. Joe teaches Employment Discrimination, Principles of Labor Law, Individual Employment Law, a workshop in ADR in Employment Law, and a seminar in Comparative Employment Discrimination. From his faculty bio:
Joseph Seiner received his B.B.A., with High Distinction, from the University of Michigan in 1995, where he was an Angell Scholar. Professor Seiner received his J.D., Magna Cum Laude, Order of the Coif, from the Washington and Lee University School of Law, in 1998. Professor Seiner was a lead articles editor for the Washington and Lee Law Review.
Following law school, Professor Seiner clerked for the late Honorable Ellsworth Van Graafeiland of the U.S. Court of Appeals for the Second Circuit. After his clerkship, he practiced law with Jenner & Block, LLP, in Chicago, Illinois, where he focused on labor and employment matters. In September, 2001, Professor Seiner accepted a position as an appellate attorney with the U.S. Equal Employment Opportunity Commission in Washington, D.C., where he presented oral argument as lead counsel in the United States Courts of Appeals in employment discrimination cases.
Prior to joining the faculty at the University of South Carolina School of Law, Professor Seiner was an adjunct professor at the Georgetown University Law Center, where he developed and taught a seminar on comparative employment discrimination. Professor Seiner's articles have been selected for publication in numerous journals, including the Notre Dame Law Review, the Boston University Law Review, the Iowa Law Review, the Boston College Law Review, the William and Mary Law Review, the University of Illinois Law Review, the Hastings Law Journal, the Wake Forest Law Review, and the Yale Law and Policy Review. Professor Seiner's work has been featured in a number of media sources, including The Wall Street Journal. Upon invitation, Professor Seiner has submitted written testimony to committees in both the U.S. Senate and the U.S. House of Representatives. Professor Seiner teaches courses in the labor and employment law area.
Joe is also a prolific scholar. You might check out his most recent article, now on SSRN, The Issue Class. From the abstract:
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This paper does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored. Given that Wal-Mart is detrimental to plaintiffs, what is the best tool currently available for workers to pursue systemic employment discrimination claims?
Surveying the case law and federal rules, this paper identifies one little used procedural tool that offers substantial potential to workplace plaintiffs seeking to pursue systemic claims — issue class certification. Rule 23(c)(4)(A) of the Federal Rules of Civil Procedure permits the issue class, allowing common issues in a class case to be certified while the remaining issues are litigated separately. The issue class is typically used where a case has a common set of facts but the plaintiffs have suffered varying degrees of harm. This is precisely the situation presented by many workplace class action claims.
This paper explains how the issue class is particularly useful for systemic discrimination claims. The paper further examines why traditional class treatment often fails in workplace cases, and addresses how the plaintiffs in Wal-Mart could have benefited from issue class certification. Finally, this Article discusses some of the implications of using the issue class in employment cases, and situates the paper in the context of the broader academic scholarship. This paper seeks to fill the current void in the academic scholarship by identifying one overlooked way for plaintiffs to navigate around the Supreme Court’s decision.
May 20, 2014 in About This Blog, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor Law, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)