Section on Employment Discrimination Law
San Diego Salon C, North Tower/Lobby Level, San Diego Marriott Hotel & Marina
If It Is Broken, Then Fix It: Needed Reforms to Employment Discrimination Law
(Program to be published in Employee Rights and Employment Policy)
One or more presenters were selected from a call for papers.
Employment discrimination, the subject of more than one-tenth of federal litigation, is in an ongoing state of controversy and flux. In recent years, the Supreme Court has handled nearly two dozen cases on employment discrimination, issuing major decisions (for example) disallowing excessive pretrial dismissals of discrimination cases, tightening limitations periods for such cases, and narrowing the definition of who is disabled enough for coverage by discrimination laws. Congress, in turn, repeatedly considers fixes to legislatively repeal court decisions narrowly interpreting statutory protections and to expand discrimination law coverage (e.g., a federal gay rights law, more coverage for religious discrimination). Scholars too have critiqued numerous aspects of employment discrimination law, both doctrinal matters and theoretical questions such as the role of litigation and the capacity for law to effect social change. This panel seeks to answer the questions, what are the most broken aspects of discrimination law — and how should they be fixed? The Section is choosing panelists by a call for papers on topics relevant to improving employment discrimination law, doctrine, or theory.
Business Meeting at program conclusion.
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