Employment Discrimination Law Summer Workshop – Session 1

Date: Friday, August 5, 2022, 11:00 – 12:15 PM ET

Webinar Description: Please join us for the first session of the ED Section’s Summer workshops, which help Section members workshop research projects at stages from incubator sessions to discussions of drafts. This first session will discuss drafts written by Naomi Schoenbaum (on “Equal Protection and the End of Sex”) and Daiquiri Steele (on “Retaliation Deterrence Incentives”) with initial comments from Nicole Porter and Sachin Pandya, followed by a discussion with attendees.

 

Learning Objectives:

 

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Moderator

David Simson, J.D., Associate Professor of Law, New York Law School

 

David Simson joined New York Law School as an Associate Professor of Law in 2022. He teaches courses on constitutional law, race and the law, and civil rights law.

Professor Simson’s scholarship analyzes the role of law in the production, maintenance, and dismantling of social hierarchies, with a focus on race and racial hierarchy. His work relies on both social science research as well as critical race approaches to law. His scholarship has been published or is forthcoming in the UCLA Law ReviewHouston Law ReviewDenver Law ReviewWilliam & Mary Bill of Rights JournalMichigan Law Review, and the edited book volume, Critical Race Judgments. His article, “Whiteness as Innocence,” was selected as the Denver Law Review’s 2018 Emerging Scholar Award winner.

Professor Simson joins NYLS after three years as an Acting Associate Professor at New York University School of Law. At NYU, he taught Lawyering, a full-year simulation-based course introducing first-year students to legal analysis, research, writing, client counseling, negotiation, and oral advocacy. Before joining NYU, he was the Greenberg Law Review Fellow at UCLA School of Law where he taught employment discrimination law and a self-designed seminar titled “Race, Social Psychology, and the Legal Process.” After law school and before entering academia, he was a litigation associate in the Los Angeles and London offices of Gibson Dunn & Crutcher LLP.

Professor Simson graduated from UCLA School of Law with a specialization in Critical Race Studies and received a B.S.B.A. in International Business from the University of Denver, where he was also a four-year letter winner and captain of the university’s Men’s Tennis Team.


 

Speakers

Naomi Schoenbaum, J.D., Associate Professor of Law, George Washington University Law School

 

Naomi Schoenbaum is an Associate Professor of Law whose primary interests are employment law, antidiscrimination law, and gender. Professor Schoenbaum’s research contains two main strands. She studies law at the juncture of employment and family, looking at the legal regulation of subjects such as geographic mobility, workplace relationships, and the sharing economy. Professor Schoenbaum also studies the design of antidiscrimination law, particularly the law of sex discrimination. Her current work is focused on the ways the law continues to permit sex classifications in areas that are wrongly considered wholly biological phenomena, including pregnancy and breastfeeding. Her scholarship has appeared or will appear in the Alabama Law ReviewColumbia Law ReviewMinnesota Law ReviewWisconsin Law Review, and Yale Law Journal Forum, among other journals. She has also written for popular publications such as The New RepublicThe Atlantic, and Slate.

Professor Schoenbaum is a graduate of Harvard Law School, where she served as Editor-in-Chief of the Harvard Journal of Law & Gender and worked on a study of gender at Harvard Law School, and of Yale University, where she edited Aurora magazine. Prior to joining the law faculty, Professor Schoenbaum was a Bigelow Fellow at the University of Chicago Law School. Before entering academia, Professor Schoenbaum served as a law clerk to the Honorable Karen Nelson Moore of the US Court of Appeals for the Sixth Circuit, as a Women’s Law and Public Policy Fellow at the National Partnership for Women and Families, and as a litigation associate in the Washington, DC office of the law firm Sidley Austin.

 

Daiquiri Steele, Ph.D., J.D., Assistant Professor of Law, The University of Alabama School of Law

 

Daiquiri Steele serves as an Assistant Professor of Law. She teaches Civil Rights, Employment Discrimination, Employment Law, Labor Law, Education Law, Torts, and Legislation & Regulation. Her research examines whether and how anti-discrimination laws help ensure equal access to employment and education, both of which are crucial determinants of socioeconomic mobility. Her recent projects focus on retaliation and whistleblower statutes. Her scholarship has been published or is forthcoming in the Washington Law ReviewBerkeley Journal of Employment and Labor Law, and Boston University Law Review.

Professor Steele originally joined The University of Alabama School of Law in a hybrid administrative/faculty role as Director of Diversity & Inclusion and Assistant Professor of Law in Residence in 2016. From 2019-2021, she served as a Forrester Fellow at Tulane University Law School before rejoining the Alabama Law faculty.

Professor Steele formerly served as a Civil Rights Attorney with the U.S. Department of Education, where she provided legal counsel relating to federal investigations of discrimination involving the nation’s school districts, colleges, universities, and state educational agencies. She also served as a mediator for civil rights claims. She previously worked for the U.S. Department of Labor, Office of Federal Contract Compliance Programs, where she assessed federal contractors’ compliance with employment discrimination laws.

Professor Steele serves as Secretary of the Association of American Law Schools (AALS) Section on Labor Relations and Employment Law, Treasurer of the AALS Section on Employment Discrimination Law, a Fellow of American Bar Association (ABA) Section of Labor & Employment Law, and a Council member of the ABA Section of State Local Government Law. She previously served as a Commissioner on the ABA Commission on Racial & Ethnic Diversity in the Profession, a member of the ABA Standing Committee on Public Education, Diversity Director for the ABA Young Lawyers Division (YLD), Assembly Speaker/Chief Policy Officer for the ABA YLD, Director of ABA Involvement for the State Bar of Georgia YLD, and a member of the Alabama State Advisory Committee to the U.S. Commission on Civil Rights.

She is an American Bar Foundation Fellow, a graduate of the Georgia Young Lawyers Division Leadership Academy, a recipient of the Award of Achievement for Outstanding Service to the Profession by the State Bar of Georgia YLD, and an ABA On The Rise Top 40 Young Lawyers Award recipient.

She graduated with Bachelors of Arts degrees in both Economics and Political Science from Spelman College where she was inducted into the Phi Beta Kappa Society. She earned her Juris Doctor from the University of Georgia School of Law, her Masters degree in Public Policy and Administration from Northwestern University, and her Ph.D. in Business Administration from Hampton University. Her service interests include helping high school and undergraduate students with college and career readiness, as well as strengthening and diversifying the legal education pipeline.

 


 

Commentators

 

Sachin Pandya, J.D., Professor of Law, University of Connecticut School of Law

 

Sachin Pandya researches the law of work, torts, and discrimination in the United States. His current research projects include measuring manager misclassification under wage-and-hour law; agency enforcement of employment discrimination law; detecting bias in the use of peremptory challenges; and machine-learning to predict motion outcomes in civil cases. At the law school, he teaches Torts, Employment Law, and advanced seminars on related topics. He also occasionally writes legal briefs for federal and state appellate courts. Before law teaching, Professor Pandya clerked for the Hon. Jon O. Newman, U.S. Court of Appeals for the Second Circuit, and served as an appellate and civil rights attorney in the Office of the New York State Attorney General.

 

Nicole Porter, J.D., Professor of Law and Director of the Martin H. Malin Institute for Law & the Workplace, Chicago-Kent College of Law

 

Nicole Buonocore Porter is a Professor of Law and Director of the Martin H. Malin Institute for Law and the Workplace. Before joining Chicago-Kent in 2022, she was a Distinguished University Professor; Associate Dean for Faculty Research and Development; and Associate Dean for Academic Affairs at the University of Toledo College of Law. She has also taught at Saint Louis University School of Law, the University of Denver Sturm College of Law, and the University of Iowa College of Law.

Professor Porter earned her J.D., magna cum laude, from the University of Michigan Law School, where she was a member of the Order of the Coif and the Editor-in-Chief of the University of Michigan Journal of Law Reform. After law school, Professor Porter was in-house counsel for a manufacturing company and practiced employment law in a large law firm in Detroit. She also clerked for the Honorable James L. Ryan of the U.S. Court of Appeals for the Sixth Circuit.

Professor Porter is on the executive committee of the Labor Law Group, an invitation-only organization of law professors dedicated to producing quality scholarship and teaching materials on labor and employment law. A nationally-known expert in employment discrimination and disability law, she is the author or co-author of four books and over 40 law review articles and essays. Her forthcoming book, THE WORKPLACE REIMAGINED: ACCOMMODATING OUR BODIES AND OUR LIVES, will be published by Cambridge University Press. Recent prominent articles include Disclaiming Disability, 55 UC Davis L. Rev. 1859 (2022) and #MeToo and the Process That’s Due: Sexual Misconduct Where We Live, Work, and Learn, 2022 U. ILL. L. REV. 663.

In 2022, Porter was elected as a Fellow of the American Bar Foundation; in 2021, she was elected as a Fellow of the College of Labor and Employment Lawyers; and in 2020, she was the recipient of the Paul Steven Miller Memorial Award for “outstanding academic and public contributions to the field of labor and employment law scholarship.”