Twenty years after passage of the Civil Rights Act of 1991, we are once again at a crossroads of the future of civil rights.  The number of employment discrimination cases is declining, and the U.S. Supreme Court, in Ricci v. DeStefano, has called into question the continued viability of disparate impact claims.

The symposium focused on the 1991 Act’s ability – or perhaps its inability – to vindicate worker’s rights in employment discrimination cases and examine new approaches, both legal and non-legal, to redress employment discrimination.  The symposium addressed both the practical – where do plaintiffs do best – and the theoretical – do we need a Civil Rights Act of 2011?


Professor Pat K. Chew (University of Pittsburgh School of Law)-Arbitral and Judicial Proceedings: Indistinguishable Justice or Justice Denied?

Professor Wendy Parker (Wake Forest University School of Law)-Juries, Race, and Gender: A Story of Today’s Inequality

Professor Roberto Corrada (University of Denver Sturm College of Law)-Ricci’s Dicta: Signaling a New Standard for Affirmative Action Under Title VII?

Professor Melissa Hart (University of Colorado School of Law)-From Wards Cove to Ricci: Struggling Against the “Built-In Headwinds” of a Skeptical Court

Professor Justin Driver (University of Texas School of Law)-Race as Color: Thoughts on Ricci v. DeStefano and Beyond

Professor Kimberly C. West-Faulcon (Loyola Law School (Los Angeles))-Fairness Feuds:  Potential Conflicts in Defining Discriminatory Test Use under the Civil Rights Act of 1991

Professor Katharine T. Bartlett (Duke University School of Law)-Acoustic Separation in Employment Discrimination Law: Saying What We Don’t Mean, and Doing What We Don’t Say