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Session Summary: Employment Discrimination Law in the Age of Kavanaugh

Submitted by Michael Green

In one of the final sessions held at the conference, experienced workplace law professors discussed potential developments under employment discrimination law in light of the most recent appointments to the Supreme Court.  Moderated by Nicole Porter (Toledo), the discussion group presenters including Richard Carlson (South Texas),  Michael Green (Texas A&M), Wendy Greene (Drexel), Marcia McCormick (Saint Louis) and Kerri Stone (Florida International) discussed issues related to proof elements; disparate impact and affirmative action;  racism based upon hair; transgender, orientation, stereotyping and harassment all based on sex; and retaliation concerns that the Court will likely have to address. There was also robust participation from audience participants from workplace law professors from Memphis, North Carolina, and NYU.

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