EMPLOYMENT DISCRIMINATION SEMINAR Law 6936-18F2 UF Levin College of Law Syllabus Professor Stephanie Holland Hall, Office 310 bornstein@law.ufl.edu (352) 273-0957 Office Hours: Thursdays 2:00-5:00 pm & by appointment (email me to arrange) OVERVIEW This course examines the major federal statutes that prohibit employment discrimination Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We will cover the legal theories available for litigating federal employment discrimination claims and consider judicial, administrative, and legislative interpretations of the law. We will also examine the meanings of equality and the policy considerations behind antidiscrimination protections. Course Objectives & Student Learning Outcomes The purpose of this course is twofold: to provide you with a basic operational understanding of employment discrimination law, and to offer an opportunity to complete a significant legal research and writing paper that will satisfy the law school s writing requirement. After completing this course, students should be able to: 1. Explain the protected classifications and provisions of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (Title VII); 2. Explain the major provisions of the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA); 3. Apply the main theories used to allege employment discrimination under these statutes: disparate treatment, disparate impact, retaliation, and harassment; 4. Demonstrate an understanding of various theories of equality and how such theories relate to judicial, administrative, and legislative interpretations of antidiscrimination law; and 5. Conduct a significant legal research and writing project that involves legal analysis. Required Course Materials The required reading material for this course is an E-Course Reader prepared by me and available via hyperlinks from our course TWEN site. You are expected to read and be prepared to discuss all of the reading assigned for each class. In addition, for two of the last 1
three class meetings, I will assign you each draft papers of your classmates, which are required reading. You are required to register for the course TWEN page and are responsible for downloading all course-related materials posted there. The password for the TWEN page is employment. You must also have read in full both this Syllabus and the document titled Paper Task, Presentation, and Final Paper Guidelines (posted on TWEN) by Class 2. You are responsible for complying with the guidelines in these documents. Grades & Class Participation Your grade for the course will be based on the following: Class participation (25%): Outstanding participation means offering thoughtful comments or questions in each class, listening to and engaging with points raised by other students, and exercising judgment to foster others participation, too. Satisfactorily meeting the three Paper Task requirements (15%) Your in-class presentation (10%), and Your final paper (50%). For a detailed description of these criteria, see the separate document titled Paper Task, Presentation, and Final Paper Guidelines (posted on TWEN). Attendance Attendance is mandatory and an essential part of the course. You are allowed two (2) absences from class. More than two absences will negatively affect the class participation portion of your grade. Observance of University-recognized religious holidays do not count towards your absences. Please notify me in advance of such absences. Use of Laptops Students are permitted to use laptops to take notes in class, however any other use of laptops during class is prohibited. Impermissible uses include, but are not limited to, using email or instant messaging programs or any use of the Web, even if you believe it pertains to class. Misuse of laptops during class may result in you losing the privilege of using a laptop in the classroom and may negatively affect the class participation portion of your grade. Students are strongly encouraged to listen, participate in class discussion, process the material, and take notes accordingly, rather than to try to transcribe everything that is said in class. Office Hours Office hours are Thursdays from 2:00-5:00 pm and by appointment. My office is Room 310 on the third floor of Holland Hall. Should you be unable to meet during these hours, please do not hesitate to email me to set up an appointment I am happy to meet as needed outside of office hours. 2
Other General Information Policy related to make-up exams or other work The law school policy on delay in taking exams is available at http://www.law.ufl.edu/student-affairs/current-students/academic-policies#12. Statement related to accommodations for students with disabilities Students requesting classroom accommodation must first register with the Office of Disability Resources. The UF Office of Disability Resources will provide documentation to the student who must then provide this documentation to the Law School Office of Student Affairs when requesting accommodation. Information on UF Law grading policies The complete law school grading policy is available at http://www.law.ufl.edu/studentaffairs/current-students/academic-policies#9. Students receive grade points according to the following scale: Grade Points Grade Point Grade Point A (Excellent) 4.0 C+ 2.33 D- 0.67 A- 3.67 C (Satisfactory) 2.00 E (Failure) 0.0 B+ 3.33 C- 1.67 B (Good) 3.00 D+ 1.33 B- 2.67 D (Poor) 1.00 Student course evaluations Students can provide feedback on the quality of instruction in this course by completing online evaluations at https://evaluations.ufl.edu. Evaluations are typically open during the last two or three weeks of the semester, but students will receive notice of the specific times when they are open. Summary results of these assessments are available to students at https://evaluations.ufl.edu/results/. 3
SCHEDULE OF CLASS TOPICS AND ASSIGNMENTS Class 1 - Monday, January 9, 2017 Overview of laws; Meanings of equality ; Race and color discrimination Reading Assignment: E-Course Reader Materials for Class 1 (on TWEN) NO CLASS MONDAY, JANUARY 16, 2017 MLK JR. DAY HOLIDAY Class 2 - Monday, January 23, 2017 Disparate treatment: Individual claims; Mixed motive claims Reading Assignment: E-Course Reader Materials for Class 2 (on TWEN) Class 3 - Monday, January 30, 2017 Disparate treatment: Retaliation claims; Pattern-or-practice claims Reading Assignment: E-Course Reader Materials for Class 3 (on TWEN) DUE BY 5:00 PM FRIDAY, FEBRUARY 3, 2017: Paper Task 1: Topic memo, preemption check, preliminary bibliography Class 4 - Monday, February 6, 2017 Individual meetings to discuss Paper Task 1 No reading assignment Class 5 - Monday, February 13, 2017 Disparate treatment: Disparate impact claims; Pattern-or-practice claims revisited Reading Assignment: E-Course Reader Materials for Class 5 (on TWEN) Class 6 - Monday, February 20, 2017 Sex discrimination: Basics; Stereotyping; Pregnancy and caregiver discrimination Reading Assignment: E-Course Reader Materials for Class 6 (on TWEN) DUE BY 5:00 PM FRIDAY, FEBRUARY 24, 2017: Paper Task 2: Detailed outline (3-5 pgs) and revised bibliography (15-20 sources) Class 7 - Monday, February 27, 2017 Individual meetings to discuss Paper Task 2 No reading assignment NO CLASS MONDAY, MARCH 6, 2017 SPRING BREAK Class 8 - Monday, March 13, 2017 Sex discrimination: Sexual harassment; Sexual orientation and gender identity; The wage gap Reading Assignment: E-Course Reader Materials for Class 8 (on TWEN) 4
Class 9 - Monday, March 20, 2017 National origin discrimination Religious discrimination and accommodation Reading Assignment: E-Course Reader Materials for Class 9 (on TWEN) Class 10 - Monday, March 27, 2017 Age discrimination Reading Assignment: E-Course Reader Materials for Class 10 (on TWEN) Class 11 - Monday, April 3, 2017 Disability discrimination and accommodation Reading Assignment: E-Course Reader Materials for Class 11 (on TWEN) DUE BY 5:00 PM FRIDAY, APRIL 7, 2017: Paper Task 3: Rough draft of paper (10-15 pgs) Class 12 - Monday, April 10, 2017 Group 1: Each student must prepare and make a 12-15 minute paper presentation in class. Groups 2 & 3: Each student must read assigned paper draft and prepare questions/feedback for Class 13 - Monday, April 17, 2017 Group 2: Each student must prepare and make a 12-15 minute paper presentation in class. Groups 1 & 3: Each student must read assigned paper draft and prepare questions/feedback for Class 14 - Monday, April 24, 2017 Group 3: Each student must prepare and make a 12-15 minute paper presentation in class. Groups 1 & 2: Each student must read assigned paper draft and prepare questions/feedback for FINAL PAPER DUE BY 5:00 PM THURSDAY, MAY 11, 2017 (20-25 pgs) 5