Watch video of the two day event:
Click http://22.214.171.124/pages/search.php?search=!collection284&k=769ca2463b for Video from Day 2, provided by NYU.
Watch video of the two day event:
Click http://126.96.36.199/pages/search.php?search=!collection284&k=769ca2463b for Video from Day 2, provided by NYU.
On April 4th and April 5th, the Labor Relations and Employment Law Society co-hosted the Title VII at 50 Symposium in conjunction with with NYU Law School, The Ronald H. Brown Center for Civil Rights and Economic Development and the Journal of Civil Rights and Economic Development. For the 50th anniversary of the passing of Title VII of the Civil Rights Act of 1964, the symposium focused on how far we’ve come in the last 50 years and how far we have to go in the hopes of eliminating employment and racial discrimination altogether.
The first day was kicked off by Professor David Gregory, co-chair of the Symposium, Vice Emeritus Dean Andrew Simons and the President of the Labor Relations and Employment Law Society, May Mansour ’14. The morning panel was entitled, “The Living History of Title VII: Voices of 1964, and Passing the Torch to a New” and was moderated by Professor Cheryl L. Wade, the Dean Harold F. McNeice Professor of Law at St. John’s University. The panelists were: Paulette Brown, President Elect of the ABA, Dean Andrew Simons, and former U.S. Congressman Rev. Doctor Floyd H. Flake. Paulette Brown spoke of her ability to go to a newly integrated school because of Title VII, although the new environment was far from encouraging. Rev. Dr. Floyd H. Flake, Former U.S. Congressman and Senior Pastor for the Greater Allen A.M.E. Cathedral of New York, discussed how racial minority groups are still facing challenges they should not have to face. With graduation rates for African Americans, Latinos and Asians at 32%, 62% and 75% respectively, Rev. Dr. Flake said that these groups should be in a position today to do what they want to do in regards to their careers and to have the lifestyle they hope for. Vice Emeritus Dean Andrew Simons discussed the case New York Times Co. v. Sullivan, as well as Johnson’s address before a joint session of Congress after President John F. Kennedy where he said no eulogy would be better than the earliest possible passage of the Civil Rights bill.
Before lunch, Professor Gregory and Paulette Brown announced Ralph Carter ’14 as the winner of the Inaugural Edwards Wildman Palmer for Best Paper on Fair Employment Law 2013-14 for his paper on an employer’s use of their employee’s social media information and passwords. During lunch, Professor Janai S. Nelson, Associate Dean for Faculty Scholarship and Associate Director of The Ronald H. Brown Center for Civil Rights and Economic Development, introduced her former colleague and mentor Jacqueline A. Berrien as the keynote speaker. Ms. Berrien is the current chair of the U.S. Equal Employment Opportunity Commission (EEOC). She recounted her time as Associate Director-Counsel for the NAACP Legal Defense and Educational Fund (LDF), where she worked prior to being nominated by President Obama to be chair of the EEOC. Berrien then discussed the initiatives and actions being taken by the EEOC since her appointment to shrink the discrimination seen in the workplace through the charges of discrimination brought forth to the EEOC.
After lunch, an all-female panel presented stories of race, gender, ethnicity, and diversity as well as their roles as scholars and journalists. “Stories of Race, Gender, Ethnicity, and Diversity: The Roles of Scholars and Journalists” was moderated by Special Hagan, who kept the debate flowing and the questions coming in a fascinating panel that explored the many different facets of diversity.
Rebecca K. Lee, an Associate Professor of Law at Thomas Jefferson School of Law, discussed Fisher v. University of Texas, affirmative action and applying strict scrutiny in higher education. Kimani Paul-Emile, an Associate Professor of Law at Fordham University School of Law, explained her research of employers use of background checks and criminal records in determining whether to hire an applicant as well as if they will terminate an employee if a record is found. Kathleen Wells, a Radio Host and Multi Media Journalist, discussed research that showed that we still have a long way to go before discrimination is a thing of the past. Sahar F. Aziz, Associate Professor of Law at Texas A&M University School of Law, discussed research she conducted that shows the stereotypes facing women, in particular Muslims, and ways in which these women go about trying to remove these stereotypes. Natasha Martin, Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle University School of Law, talked about how there are still echoes of Jim Crowe laws in the workplace. Lastly, Professor Elayne E. Greenberg, Assistant Dean of Dispute Resolution Programs, Professor of Legal Practice and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s, discussed implicit biases and how those biases effect decisions made.
The last roundtable of the day discussed affirmative action through the reflections on Fisher v. University of Texas with Professor Gregory, Professor Rebecca Lee, and Professor Gregory’s research students Brendan A. Bertoli ’14, Courtney Chicvak ‘14 and Sarah Mannix ’15. Bertoli, Chicvak and Mannix discussed their research regarding the Fisher case and how it starts to show where the Supreme Court is heading in regards to Affirmative Action. In addition, Professor Lee provided a deeper analysis from her previous panel discussion into strict scrutiny. Ms. Mannix recalled her experience on the panel as ” a really excellent forum to discuss our research and findings with out practitioners and academics, and a great opportunity for discussion!”
Professor Leonard Baynes, the Ronald H. Brown Professor of Law at St. John’s and Stephanie Rainaud ’15, Symposium Editor for the Journal of Economic and Civil Rights closed out Day One.
Specials thanks to everyone who came out to the Title VII Symposium and who shared their time and experiences on this day.
The Center for Labor and Employment and the Labor Relations and Employment Law Society would like to invite any interested students or colleagues to the Title VII at 50 Symposium Conference, which takes place this week on April 4 and 5, 2014.
This program is presented in conjunction with the St. John’s Law Review, the Journal for Civil Rights and Economic Development and the St. John’s Journal of International and Comparative Law, the NYU Center for Labor and Employment Law, The Ronald H. Brown Center for Civil Rights and Economic Development, and the St. John’s Center of International and Comparative Law.
This two-day symposium commemorates Title VII and featuring panelists and speakers who will assess the past, present and future of Title VII. Please see the attached program for the events schedule and speakers.
This is an amazing learning and networking opportunity for those interested in labor or employment law, and we encourage any interested party to attend. Please feel free to distribute the program and this email to any groups you are a member of. Scholarships and prizes will be awarded at this event.
The conference is free of charge and open to all, but please RSVP to Paula Edwards at (718) 990-6653 or firstname.lastname@example.org.
We hope to see you in attendance at one or both days of the conference.
More Information: http://www.stjohns.edu/about/events/school-law-title-vii-50-two-day-symposium
Program – Title VII at 50 Symposium – 3-27-14
The Center for Labor and Employment works closely with the Labor Relations and Employment Law Society at St. John’s. The LRELS is the student-run arm of the Center and is headed by President May Mansour ‘14, Co-Vice Presidents Sarah Mannix ‘15 and Rich Berrios ‘14, Treasurer Monica Hincken ’14 and Secretary Samantha Kimmel ‘15. Next year, Cynthia Vella ’16 and Stephen Halouvas ’15 will join the board. In addition to the many opportunities offered by he LRELS and the Center for Labor and Employment, there are several exciting events taking place this semester.
The first event was a Distinguished Speaker Series, A Conversation with Harry I. Johnson III, a former partner at Arent Fox and a current NLRB Member appointed by President Obama. This event took place on February 19 and Mr. Johnson joined Professor Gregory’s labor law class on February 20 as well to give a speech about recent NLRB decisions, the decision making process and how the agency operates. Mr. Johnson graciously spoke to the attendees and provided fascinating and entertaining insights into the NRLB. (Stay tuned for pictures of the event!)
Next up, he Center for Labor and Employment will co-host a symposium entitled Title VII at 50, with NYU Law School, The Ronald H. Brown Center for Civil Rights and Economic Development and the Journal of Civil Rights and Economic Development, on April 4-5, 2014. 2014 is the 50th anniversary of the enactment of the Title VII of the Civil Rights Act of 1964 and the programs will celebrate the evolution of Title VII over the years and the current state of the law. In attendance will be some of our most distinguished alumni as well as very prominent academics and practicing attorneys in the field. Some of the presenters will include: Paulette Brown, President-Elect of the ABA; Amanda Jaret ’13, Law Fellow AFL-CIO; Samuel Estreicher, Director of the Center for Labor and Employment Law at New York University; as well as other NLRB directors, and Professors. Over Friday and Saturday there will be roundtables and panel discussions covering a variety of topics including Professor Gregory’s forthcoming paper, “Past as Prologue in the Affirmative Action Jurisprudence of the Supreme Court: Reflections on Fisher v. University of Texas.” The conference will be an exploration of the living history of Title VII while looking ahead to what the next fifty years will bring. The winners of the inaugural Edwards Wildman Palmer Prize and the 2014 Coca-Cola Refreshments Scholar will be announced at the conference.
There are many opportunities to get involved with the Center for Labor and Employment and the Labor Relations and Employment Law Society. Please follow the TWEN page or visit stjclelblog.org to stay updated on the happenings and scholarship opportunities.
Here at the blog, we are always on the lookout when labor and employment issues are in the news. One recent news item that has brought labor issues to the forefront was the struggle between Boeing and its workforce in the state of Washington. Boeing’s International Association of Machinists Union members narrowly approved a new labor contract last week, which effectively sacrificed their pensions for guaranteed work on the new Boeing 777X jet. Although the contract has saved Boeing jobs for their workforce, at what cost? Labor contract’s like these can have a huge effect on middle class workers, especially when there are steep cuts in benefits.
Hedrick Smith, author of Who Stole the American Dream? ponders the implications of this new contract in an opinion piece for the LA Times. Check out the article and listen to the podcast from NPR (link below). With income inequality on the rise, topics like this are sure to merit lots of debate in the coming year.
Listen to the podcast here.
Where do you stand on this issue? Let us know what you think in the comments!
The first general body meeting of the Labor Relations and Employment Law Society will be Tuesday January 14 at 5:30 pm in room 2M-01. We have election results and be discussing our events for this semester including several panel discussions, distinguished speakers and the Title VII at 50 Symposium. Any student with an interest is encouraged to come and get involved! Make sure to add us on TWEN to get email updates for meetings and events!
Any student who wishes to speak with Professor Gregory about career opportunities must attend this meeting. Please see this memo outlining the requirements and priority for meetings with him! Don’t forget your computer and resume!
labor law society general meeting january 14 2014 -2
Any student who received a grade of C or below in the fall semester 2013 Employment Law or Employment Discrimination class is welcome to review their exam beginning the week of Tuesday, January 21. All other students may review their exams beginning the week of Monday, January 27. To make an appointment for a review, please contact Ms. Paula Edwards, after January 2 (email@example.com; 718 990 6653.)
Check out the scholarship page for newly updated scholarships and summer opportunities!
2014 marks the fiftieth anniversary of Title VII of the Civil Rights Act of 1964, landmark legislation that fundamentally altered the landscape of employment relations by prohibiting discrimination based on race, color, religion, sex, and national origin. It is part of the Civil Rights Act of 1964, which also barred discrimination in public accommodations, public facilities and voting. By its enactment, notions of equality were more deeply embedded in United States public law.
On April 4-5, 2014, the St. John’s Law Review, the Journal for Civil Rights and Economic Development and the St. John’s Journal of International and Comparative Law, in conjunction with NYU Center for Labor and Employment Law, The Ronald H. Brown Center for Civil Rights and Economic Development, the St. John’s Center for Labor and Employment Law, and the St. John’s Center of International and Comparative Law, will host a two-day symposium commemorating this important milestone, which will feature panelists and speakers who will assess the past, present and future of Title VII of the Civil Rights Act of 1964.The symposium invites scholars and practitioners to participate in a multi-disciplinary evaluation of the Civil Rights Act of 1964.
If you would like information about attending this event, please fill out the form below! We will keep your information and contact you with more information in the near future!
On November 18, the National Labor Relations Board (NLRB) announced that it would be pursuing charges against Wal-Mart. The agency’s general counsel reportedly investigated workers claims that Wal-Mart had threatened employees for taking part in walkouts surrounding last year’s Black Friday shopping season. According to the NLRB, in several states, Wal-Mart unlawfully threatened, surveilled, disciplined or terminated employees as a response to or in anticipation of legally protected worker activities. The Wal-Mart stores were in a waide range of states, including: California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington. Despite authorizing these claims, the NLRB found no merit in other violations alleged. The NLRB found no merit in claims that alleged that worker’s were told to leave private property and changing work schedules. This case will be interesting to see unfold, as Wal-Mart is the largest employer in America, with over 2.2 million employees. 1 Black Friday 2013 is right around the corner and workers are planning other protests of Wal-Marts practices; this authorization of a complaint will give some publicity to the ongoing struggle between Wal-Mart and their employees. 2 For the official release from the NLRB, click here.
On October 25th and 26th, I had the privilege of attending the Peggy Browning Fund’s 15th Annual National Law Students Worker’s Rights Conference in Linthicum Heights, Maryland. The event brought together law students across the country interested in the future of workers’ rights. The conference gave a greater understanding of the issues facing American workers, and was an opportunity to network with fellow students, and top practitioners in the field.
On Friday evening, conference attendees were treated to a showing of Trash Dance. The film explored an artist’s organization of sanitation workers in Austin, Texas for a performance piece. After the film, students offered opinions about the film’s metaphors for worker organization.
On Saturday morning, AFL-CIO General Counsel and former NLRB Member Craig Becker delivered the conference’s keynote address. Mr. Becker reflected on his own experiences when speaking about unions’ future challenges. He also offered insights into labor cases on the Supreme Court’s current docket and organized labor’s reception of the Affordable Care Act.
Students then participated in workshops that covered various salient issues. I attended three different workshops, all led by prominent figures in organized labor. Dennis Walsh, Regional Director of Region 4 of the NLRB, discussed the NLRA’s nuances in “Introduction to Basic Labor Law”. Fred Feinstein, former General Counsel to the NLRB, detailed how anti-union consultants grew from cottage industry to well-oiled machine in “Future of Worker Mobilization”. Baldwin Robertson, partner of Woodley & McGillivary, summarized issues facing state and municipal union members in “Public Sector Labor Law”.
In the plenary session on Saturday afternoon, panelists Leon Dayan, Jessica Robinson, and Peggy Shorey summarized new assaults on collective bargaining rights in the states, including new right-to-work initiatives and movements to end dues check-offs. In closing remarks, Dennis Walsh, Marley Weiss and Joe Lurie thanked all conference organizers for their hard work in putting together the engaging and educational programming. It was my pleasure to represent St. John’s University School of Law at the conference. The Peggy Browning Fund’s programs contribute greatly to the labor law community, and I was fortunate to be a part of this year’s conference.
Unpaid interns are filling the court system. Many wage and hour cases have been heard by courts (more are upcoming) but very recently a more disturbing trend has emerged. A federal district court in New York ruled last week that unpaid interns are not “employees” and thus are not able to recover for sexual harassment under New York City’s Human Rights Laws (NYCHRL).
In the case of Wang v. Phoenix Satellite Television US, Inc., the Southern District of New York threw out the hostile work environment discrimination claims of Lehuan Wang, a broadcast journalism intern from Syracuse University. Ms. Wang alleged that her supervisor engaged in inappropriate conversations, including inviting her to his hotel room where he touched her and tried to kiss her. Ms. Wang also alleged that she had been discussing permanent employment with the supervisor, and after this incident, the supervisor was no longer interested in hiring her. Ms. Wang is a Chinese citizen and would have required Phoenix to sponsor her work visa.
Though the plaintiff argued she qualified as an employee under the NYCHRL even though she was unpaid, the court disagreed. The court found that the NYCHRL does not extend its protections to unpaid interns. The Court stated that an employment relationship is an essential condition of this claim and because Ms. Wang was not compensated this relationship did not exist. Despite this unfavorable ruling, Ms. Wang was able to maintain her failure to hire complaint under city and state Human Rights Laws.
This case is an interesting example of the predicament employer’s (and employee’s) may face because of an unpaid internship. Although the court did not extend the definition of “employee” under the NYCHRL, employers and employees alike should be aware of the recent ruling. A link to the full decision in Wang v. Phoenix Satellite Television US, Inc. is available here.