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EMPLOYMENT DISCRIMINATION

Mary Radford 
mradford@gsu.edu
404/651-2088
404/651-2092 (fax)

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Course Syllabus

Text: Zimmer, Sullivan, Richards & Calloway, Cases & Materials on Employment Discrimination (4th Edition)
Supplement: A statutory supplement is available in the bookstore. Alternatively, you may pull the statutes from the course web page (WEB LINKS).



Attendance, Preparation and Participation Policies:
Students are expected to attend each class prepared to discuss the materials and problems assigned. Extra points may be awarded for both class participation and perfect attendance. The professor reserves the right to refuse to permit any student who has missed six or more classes to take the final exam.

Grading Policy:
The final grade will be based on the student's grade on the final examination, with the addition of any extra points earned for class attendance and participation. The exam will be an open-book exam.

Student Appointments:
The professor is generally available to discuss course issues with students. Please call her office (404-651-2088) to make a mutually convenient appointment. Alternatively, you may e-mail questions to mradford@gsu.edu

Make-up Exams:
All arrangements for make-up exams must be made through the Associate Dean for Academic Affairs.

Course Coverage:
This course will be divided into two parts. Apart from the introduction and overview, Part I will focus on methodology: the different methods of proof and the available defenses in employment discrimination cases. We will move from the basic discharge cases to more complex claims of systemic (pattern and practice) discrimination. We will also examine challenges to common employment practices and eligibility requirements which, while facially neutral, may operate to the disadvantage of protected groups. While these methods of proof are used under all the EEO statutes, we will concentrate on the most significant statutes - Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991.

Upon establishing the necessary foundation, we will advance to Part II to examine special problem areas in EEO law. This will include a study of issues such as sex and pregnancy discrimination, discrimination based on religion, discrimination on the basis of disability, affirmative action, reverse discrimination, etc.

The attached Syllabus contains the assignments for the first weeks of the course. You will receive one or more additional assignment sheets as the course progresses. This Syllabus provides a general plan for the course. Deviations may be necessary.

SYLLABUS - PART I

NOTE TO STUDENTS: The materials on pp. 35-89 contain discussions of certain policy issues in discrimination law. These materials MUST be read prior to February 22, 1999.

Week I Introduction: Overview of Title VII and its Relationship to Other Laws Used to Combat Employment Discrimination; Coverage of Title VII
Proving Unlawful Discrimination: Individual Disparate Treatment
Assignments:

Jan. 11 Text, pp. 3-34, 96-118
Jan. 13, Text, pp. 582-93, Title VII, Secs. 701, 702, 703(A-C), 704

Week II Proving Unlawful Discrimination: Individual Disparate Treatment (cont.)

Assignment:

Jan. 18 - NO CLASS - MLK HOLIDAY

Jan. 20 - Text, pp. 118-24, 140-48

Week III Proving Unlawful Discrimination: Individual Disparate Treatment (cont.) Systemic Disparate Treatment; Pattern & Practice of Discrimination

Assignments:

Jan. 25 Text, pp. 157-201, Title VII Secs. 703(m), 706(g)(2)(B)

Jan. 27 Text pp. 229-40; 245-73, Title VII Secs. 701(j), 707(a,c)

Week IV Proving Unlawful Discrimination: Systemic Disparate Treatment (cont.); Affirmative Defense to Disparate Treatment: Bona Fide Occupational Qualification

Assignments:

Feb. 1 Text, pp. 278-98, Title VII, Secs. 703(e), ADEA Sec. 4(f)(1)

Feb. 3 Text, pp. 317-50

Week V Proving Unlawful Discrimination: Disparate Impact

Assignment:

Feb. 8 Text, pp. 405-23, Title VII Secs. 703(k), 701(m)

Feb. 10 Text, pp. 423-45

Week VI Proving Unlawful Discrimination: Disparate Impact

Assignment:

Feb. 15 Text, pp. 445-66

Feb. 17 Text, pp. 487-509

Week VII Interrelationship of Disparate Treatment & Disparate Impact

Assignment:

Feb. 22 & 24 Text, pp. 551-80

Materials on pp. 35-89

The second part of the Syllabus will be distributed before Spring Break.