AN INNOVATIVE CURRICULUM
The Program in Labor and Employment Law is the centerpiece of Chicago-
Kent’s Institute for Law and the Workplace. The Program entails
a
logical, carefully paced sequence of coursework and practical skills
training
which provides comprehensive, rigorous preparation for the field
of labor and employment law.
Day students in their second year and evening students in their
second and third years take four core courses: Labor Law, Employment
Discrimination, Employment Relationships, and Advanced Research/Drafting
in Labor and Employment Law. These courses provide students with
the classroom basics essential for practice in Labor and Employment
Law. Students then apply what they learned in the core courses in
a seminar, an elective course, and a required practicum. This sequence
of courses provides Program graduates with a unique preview of and
preparation for practice in the field.
Core Courses
Labor Law
(4 credit hours)
This course examines the theory and practice of the law governing
relationships between labor unions and employers. Among the topics
covered are: the historical background of labor relations law; union
organizing and the law; procedures for the selection of union representation;
the law and process of collective bargaining; strikes, boycotts
and picketing; and grievance and arbitration procedures.
Employment Relationships
(3 credit hours)
This course focuses on the legal relationship between employer
and individual employee, from the common law aspects of that relationship,
particularly contracts and torts, to the statutory modifications
of the common law. Statutes that may be examined includes: ERISA,
the Civil Rights Acts, whistleblower protection legislation, unemployment
and workers' compensation acts, Fair Labor Standards Act, Family
Medical Leave Act, Polygraph Protection Act, Workers' Adjustment
and Retraining Act, and OSHA.
Employment Discrimination
(3 credit hours)
This course involves an in-depth examination of the federal law
concerning
discrimination in employment on the bases of race, sex, religion,
national origin, age and disability. Topics covered include: Title
VII of
the Civil Rights Act of 1964, the Age Discrimination in Employment
Act,
the Equal Pay Act, and the Americans with Disabilities Act. The
Illinois
Human Rights Act also falls within the purview of this course, as
does
the common law development regarding wrongful discharge.
Advanced Research and Drafting in Labor Law and Employment Law
(3 credit hours)
This unified, highly specialized course, designed specifically for
students in
the Program in Labor and Employment Law, satisfies the J.D. legal
writing requirements for both Advanced Research and Legal
Drafting. The course, taught in small sections by highly skilled
practitioners, immerses students in the type of research, writing,
and
drafting essential to the labor and employment law fields.
Additional Courses and Seminars
Collective Bargaining and Arbitration
(2 credit hours)
This seminar covers topic such as bargaining strategies and techniques,
arbitration procedures, and agreement provisions, including management
rights, union security, discipline and discharge, seniority, and
wages
and hours. Students will negotiate and draft a collective bargaining
agreement and write a major research paper.
Disability Law
(2 credit hours)
This class examines statutes and cases concerning people with mental
and
physical disabilities. Most of the relevant law has developed in
the area
of schooling, insurance, employment, and access to public facilities.
This
seminar also explores the processes of administrative and judicial
review as
they have adapted to resolve these cases. The preparation of disability
cases, the use of expert witnesses and the role of attorneys in
disability negotiations are also covered. The class may be offered
as a course or a seminar.
Employment Benefits Law
(3 credit hours)
This course entails a detailed study of the law governing retirement
plans and related fringe benefits. The course focuses primarily
on employersponsored pension plans that qualify for favorable tax
treatment under the Internal Revenue Code. Topics include participation
and vesting requirements, taxation of benefit payments, creditors'
right, the responsibilities of plan administrators and trustees,
and discrimination in favor of highly compensated employees.
Feminist Theories of the Workplace
(2 credit hours)
This seminar explores feminist perspectives on the impact of law
and legal
norms on the economic status of women as workers, both within and
outside of the home. Emphasizing historical as well as contemporary
concerns, the seminar integrates theoretical analyses, doctrinal
developments, and practical applications. Readings are drawn from
a variety of sources, both legal and nonlegal. Substantive topics
include sexual harassment, comparable worth, homework and paid household
labor,
childcare and pregnancy, affirmative action, and "workfare"
programs.
A research paper is required.
Privacy Rights in Employment
( 2 credit hours)
This seminar focuses on matters affecting the privacy rights of
the
individual employee in private sector employment. Topics include
drug and
alcohol testing, defamation, the tort of invasion of privacy, confidentially
of employee communications (including e-mail), employer rights
of search and seizure, and employee surveillance and monitoring.
Legislative developments and case law in the area are examined.
Public Sector Employees
(2 credit hours)
This seminar examines the constitutional,common law, and statutory
issues arising in labor relations and collective bargaining between
governmental units and public employees and their unions. Particular
emphasis is placed on the essential differences between labor relations
and collective bargaining in government and that same process in
the private sector.
Workers' Compensation Law
(2 credit hours)
This course provides a detailed consideration of the rights and
responsibilities of injured employees and their employers under
workers' compensation and occupational disease statutes. Third-party
actions are examined as well.
Practicum Courses
(Program students must take one of the options listed below)
Labor/Employment Law Extemship
(4 credit hours)
The extenship consists of a three-credit fieldwork component graded
on a pass/fail basis and a separate, one-credit graded classroom component.
Students are expected to spend at least 15 hours per week during the semester
working in the field with the externship sponsor, which may be an attorney,
law firm, government agency, corporation, or union.
In-House Clinic
(4 credit hours)
The in-house, clinic is comprised of two components. One is a three-credit
fieldwork class graded on a pass/fail basis in which students work on client
cases or similar projects in the ChicagoKent Law Offices with plaintiff's
attorneys who concentrate their practices in the employment law area. In
addition, there is a onecredit graded classroom component.
Employment Litigation
(3 credit hours)
This course is designed to simulate all aspects of the handling of an
employment case. Students are divided into teams of plaintiff's and defendant's
counsel and deal with client interviews, discovery, depositions, court
appearances and a motion for summary judgment.
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