Introduction:
Earlier in my career, I viewed myself primarily as an employment law scholar. Over time, I have come to think of myself less as an employment law person and more of a Torts and Professional Responsibility person. There are lots of reasons for that, but one is that I simply became frustrated with discrimination law. In some ways, it seemed that the courts had unnecessarily complicated certain issues at the expense of a focus on the real issue in any case: whether the employer engaged in illegal discrimination. I decided I much preferred the order and substantive focus in tort law to the unnecessary complexity and relentless focus on procedure that permeates discrimination law. One area of employment discrimination law that I remain interested in, however, is workplace retaliation, perhaps because, at its core, it seems “tortier” in nature than the discrimination side of discrimination law …” (more)
Alex B Long, ‘What Is Even More Troubling About the “Tortification” of Employment Discrimination Law’. Ohio State Law Journal Furthermore, Volume 76, 1 (2015).
First posted 2015-02-04 13:19:37
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