Sperino, Sandra F. / Fall 2014

Sandra accepted a book contract with Oxford University Press.  The book, co-authored with Professor Suja Thomas, will discuss employment discrimination and will be published in 2017.

Sandra published:

 
She also served as a contributing editor on four books: Covenants Not to Compete; Trade secrets, A State-by-State Survey; Employee Duty of Loyalty; and Tortious Interference in the Employment Context.

Sandra completed two articles. Her forthcoming article “Retaliation and the Reasonable Person” was presented in September at the Colloquium on Current Scholarship in Labor and Employment Law, University of Colorado Law School. She also completed an article, “The Civil Rights Restatement,” which she will present at the 2015 Clifford Symposium on Tort Law and Social Policy.

The Iowa Supreme Court cited two of Professor Sperino’s articles in its recent decisions in Pippen v. State, 854 N.W.2d 1 (Iowa 2014), and Goodpaster v. Schwan’s Home Service, Inc., 849 N.W.2d 1 (Iowa 2014).  In both cases, the Iowa Supreme Court decided whether it should interpret the Iowa Civil Rights Act to be consistent with federal law.  The Court used Professor’s Sperino’s work to support its conclusion that Iowa state law should be interpreted independently from federal law.

She was quoted in the August 4, 2014 Washington Post article “For whistleblowers, a bold move can be followed by one to department basement.” Professor Sperino was part of the labor-management joint committee that successfully negotiated a new paid parental leave policy for AAUP faculty at the University of Cincinnati. She continues to blog about complex employment discrimination at the Friend of the Court blog, available at http://friendofthecourtblog.wordpress.com.

Several of Sandra’s books and articles were cited:

  • Employment Discrimination: A Context and Practice Casebook (2011) (with Jarod S. Gonzalez), in Nicole Buonocore Porter, A Proposal to Improve the Workplace Law Curriculum From a Corporate Compliance Perspective, 58 St. Louis U. L.J. 155 (2013).
  • Chaos Theory: The Unintended Consequences of Expanding Individual Liability Under the Family and Medical Leave Act, 9 Emp. Rts. & Emp. Pol’y J. 175 (2005), in Nicole Buonocore Porter, Finding a Fix for the FMLA: A New Perspective, A New Solution, 31 Hofstra Lab. & Emp. L.J. 327 (2014).
  • Flying without a Statutory Basis: Why McDonnell Douglas Is Not Justified by Any Statutory Construction Methodology, 43 Hous. L. Rev. 743 (2006), in Laraclay Parker, Note, 4% Absent = 100% Disaster: Why the Math Doesn’t Add Up on Fixed Attendance Leave Policies Under the FMLA, 102 Ky. L.J. 1051 (2013–2014).
  • Recreating Diversity in Employment Law by Debunking the Myth of the McDonnell Douglas Monolith, 44 Hous. L. Rev. 349 (2007), in Daniel Lewallen, Note, Follow the Leader: Why All States Should Remove Minimum Employee Thresholds in Antidiscrimination Statutes, 47 Ind. L. Rev. 817 (2014); Christopher C. Lund, Free Exercise Reconceived: The Logic and Limits of Hosanna-Tabor, 108 Nw. U. L. Rev. 1183 (2014).
  • Judicial Preemption of Punitive Damages, 78 U. Cin. L. Rev. 227 (2009), in Lynn Ridgeway Zehrt, Twenty Years of Compromise: How the Caps on Damages in the Civil Rights Act of 1991 Codified Sex Discrimination, 25 Yale J.L. & Feminism 249 (2014).
  • A Modern Theory of Direct Corporate Liability for Title VII, 61 Ala. L. Rev. 773 (2010), in Samuel R. Bagenstos, Formalism and Employer Liability Under Title VII, 2014 U. Chi. Legal F. 145; Rachel Arnow-Richman, Employment Law Inside Out: Using the Problem Method to Teach Workplace Law, 58 St. Louis U. L.J. 29 (2013).
  • The New Calculus of Punitive Damages for Employment Discrimination Cases, 62 Okla. L. Rev. 701 (2010), in Lynn Ridgeway Zehrt, Twenty Years of Compromise: How the Caps on Damages in the Civil Rights Act of 1991 Codified Sex Discrimination, 25 Yale J.L. & Feminism 249 (2014).
  • Rethinking Discrimination Law, 110 Mich. L. Rev. 69 (2011), in In re Fordham v. Fannie Mae, 2014 WL 5511070 (ARB 2014); Andrea Giampetro-Meyer, The Proper Place for Intellectual Property in Employment Discrimination Law, 25 Geo. Mason U. Civ. Rts. L.J. 1 (2014); David W. Fujimoto, Student Author, Thrown Under the Bus: Victims of Workplace Discrimination After Harris, 48 U.S.F. L. Rev. 111 (2013); Christine Tsang, Comment, Uncovering Systemic Discrimination: Allowing Individual Challenges to a “Pattern or Practice”, 32 Yale L. & Pol’y Rev. 319 (2013).
  • Discrimination Statutes, the Common Law, and Proximate Cause, 2013 U. Ill. L. Rev. 1 (2013), in Steven Curry, Note. After University of Texas Southwestern Medical Center v. Nassar, Another Call to Congress to Restore Title VII’s Protections, 2014 Wis. L. Rev. 1001; August T. Johannsen, Note, Mitigating the Impact of Title VII’s New Retaliation Standard: The Americans With Disabilities Act After University of Texas Southwestern Medical Center v. Nassar, 56 Wm. & Mary L. Rev. 301 (2014); Eric Rosoff, Note, Disparate Treatment of Disparate Treatment: Harmonizing Title VII Pretext and Mixed-Motive Jury Instruction Causation Standards in Light of Staub v. Memorial Hospital, 35 Cardozo L. Rev. 2079 (2014); William Lynch Schaller, Corporate Opportunities and the Third Party “Refusal to Deal” Defense: Policy and Practice Lessons from Illinois, 47 J. Marshall L. Rev. 1 (2013).
  • Litigating the FMLA in the Shadow of Title VII, 8 FIU L. Rev. 501 (2013), in Jonathan M. Graham, HIV, High School, and Human Rights: Putting Faces on the Failure to Protect HIV+ Youth from Bullying and Discrimination at School, 35 U. La Verne L. Rev. 267 (2014).
  • Revitalizing State Employment Discrimination Law, 20 Geo. Mason L. Rev. 545 (2013), in Elizabeth Rodd, Note, Light, Smoke, and Fire: How State Law Can Provide Medical Marijuana Users Protection from Workplace Discrimination, 55 B.C. L. Rev. 1759 (2014).
  • Fakers and Floodgates, 10 Stan. J. Civ. Rts. & Civ. Liberties 223 (2014) (with Suja A. Thomas), in William B. Gould IV, Title VII of the Civil Rights Act at Fifty: Ruminations on Past, Present, and Future, 54 Santa Clara L. Rev. 369 (2014).
  • The Tort Label, 66 Fla. L. Rev. 1051 (2014), in August T. Johannsen, Note, Mitigating the Impact of Title VII’s New Retaliation Standard: The Americans With Disabilities Act After University of Texas Southwestern Medical Center v. Nassar, 56 Wm. & Mary L. Rev. 301 (2014); Michael J. Zimmer, Hiding the Statute in Plain View: University of Texas Southwestern Medical Center v. Nassar, 14 Nev. L.J. 705 (2014).

 
Several of Professor Sperino’s works on the disconnect between tort and discrimination law were cited in articles published by the Ohio State Law Journal as part of its symposium “Torts and Civil Rights Law: Migration and Conflict.”


Leave a Reply

Your email address will not be published. Required fields are marked *