(Papers to be published in Employee Rights & Employment Policy Journal)
Employment discrimination law is increasingly driven by a complex set of frameworks that define what plaintiffs must allege and prove to win a discrimination case. One central framework in employment discrimination law is the McDonnell-Douglas test, a three-part burden-shifting test created by the Supreme Court in 1973. 2013 marks the 40th anniversary of the McDonnell-Douglas test. This panel explores the future of employment discrimination frameworks, including the McDonnell-Douglas test, from various theoretical, doctrinal, and practical perspectives. It also considers whether these tests are founded on factually realistic models of discrimination and whether they are facing increasing skepticism from the judiciary.
Business Meeting at Program Conclusion.