Employment Law

ILR-454

Course Description

Public policies toward labor in the United States. Emphasis on public regulation of the employment relationship as embodied in the Civil Rights Act. Prerequisite: 2050-ILR-222 or interest in civil rights.

Course Objectives

1. To develop an ability to read and understand complex arguments.

2. To develop an ability to write precise and logical statements.

3. To gain an understanding of the theoretical foundations of Civil Rights law in America.

Course Requirements

Case Reviews. During the course of the semester you are required to prepare reviews of cases found on the outline. The reviews will be written in class.

Essays. During the course of the semester you are required to prepare two essays dealing with a topic assigned in class. The essays must be neatly typewritten and must follow appropriate citation and formats.

Examinations. There will be three examinations in this course. The exams will cover all materials discussed in class and all readings. There will be no makeup of missed exams. You are responsible to make a concerted effort to take the exams at their scheduled times. Hand writing is your responsibility; if I cannot read your exam I cannot evaluate it.

Attendance. Attendance is not required in this class. You should be mindful, however, that the issues developed in this class are complex and the instructor has high expectations. A satisfactory understanding of these issues cannot be obtained by using another's note book. It is essential for you to participate in classes.

Plagiarism. Plagiarism is the use of another's work or ideas without attribution. Paraphrasing a book without indicating where that material came from constitutes plagiarism as much as does copying from another student's work. Plagiarism of any work required for this course will result in a grade of "0" for the course. The student's name will then be reported to the proper college authorities so that administrative action can be taken.

Final Grades. Course grades will be determined by the your participation in class discussion and by their written work. The former may include, but is not limited to, class attendance. Since the issues covered in this course are complex, refraining from discussions and lack of attendance will affect the final course grade.

Course Outline

Employment at Will

Payne v. Western & Atlantic R.R. Co. (Tenn. Sup. Ct. 1884)

Adair v. United States 208 US 161 (1908)

Novosel v. Nationwide Insurance 721 F.2d 894 (1983)

National Labor Relations Act

NLRB v. Jones and Laughlin 301 US 1 (1937)

NLRB v. Washington Aluminum 370 US 9 (1962)

NLRB v. City Disposal Systems Inc. 465 US 822 (1984)

Fair Labor Standards Act

Hammer v. Dagenhart 247 US 251 (1918)

United States v. Darby 312 US 100 (1941)

Combating Discrimination in Employment

Atlanta Motel v. U.S. 379 US 241 (1964)

University of California v. Bakke 438 US 387 (1978)

Employment Discrimination

Griggs v. Duke Power Company 401 US 424 (1971)

Albemarle Paper Co. v. Moody 422 US 405 (1975)

Burdens of Proof--Disparate Treatment

McDonnell Dauglas v. Green 411 US 792 (1973)

Texas Dept. of Community Affairs v. Burdine 450 US 248 (1979)

Burdens of Proof--Disparate Impact

Hazelwood School Dist. v. U.S. 433 US 299 (1977)

Remedies Under Title VII

Albemarle Paper Co. v. Moody 422 US 405 (1975)

Franks v. Bowman Transportation 424 US 747 (1976)

Alexander v. Gardner-Denver 415 US 36 (1974)

Seniority and Title VII

Brotherhood of Teamsters v. United States 431 US 324 (1977)

American Tobacco Co. v. Patterson 456 US 63 (1982)

The Constitution and Title VII

Washington v. Davis 426 US 229 (1976)

The Bottom-Line Defence

Connecticut v. Teal 457 US 440 (1982)

Affirmative Action

United Steelworkers of America v. Weber 443 US 193 (1979)

Johnson v. Transportation Agency 480 US 616 (1986)

Firefighters v. Stotts 467 US 561 (1984)

Wygant v. Jackson Bd. of Education 476 US 267 (1985)

Sheet Metal Workers v. EEOC 478 US 421 (1985)

Firefighters v. City of Cleveland

United States v. Paradise 480 US 149 (1986)

Developments in 1990

Watson v. Fort Worth Bank and Trust (1988)

Wards Cove Packing v. Antonio (1989)

Sex Discrimination under Title VII

Diaz v. Pan American World Airways 442 F.2d 385 (5th Cir. 1971)

Dothard v. Rawlinson 433 US 321 (1977)

Newport News Shipbuilding v. EEOC 462 US 669 (1983)

Wright v. Olin Corp. 697 F.2d 1192 (4th Cir. 1982)

Sexual Harassment

Meritor Savings Bank v. Vinson 474 US 1047 (1985)

Sex-Based Pay Differentials

County of Washington v. Gunther 452 US 161 (1981)

Age Discrimination in Employment Act

Trans World Airlines Inc. v. Thurston 469 US 111 (1985)

Western Air Lines, Inc. v. Criswell 472 US 400 (1985)