|LW.12356 / LW.12357
Professor Laura Sager
Open to 3L and 2L students
Maximum of 8 students
Not offered 2021-22
The Civil Litigation-Employment Law Clinic, Semester-Long, provides one semester of in-depth training in the tasks and skills involved in civil litigation through simulation and fieldwork cases involving employment law. In the Fall semester, the classroom and simulation focuses on the pre-trial process through discovery, including depositions. In the Spring semester, the classroom and simulation focuses on summary judgment and trial work. Students work on the Clinic’s docket of cases in both semesters. Students who wish to take both semesters should apply for the full-year course, which is listed under a different course number. The combined enrollment in the full-year course and the semester-long course will be not more than a total of 8 students in both the Fall and Spring semesters.
The Clinic represents individuals in claims of (1) employment discrimination based on race, sex, national origin, age and disability; (2) violations of the Family and Medical Leave Act (denial of leave and retaliation); and (3) violations of the minimum wage and overtime pay laws. Most of the Clinic cases are in federal court, although some are in federal agencies such as the EEOC and the Department of Labor, in state court, or in state or local agencies such as the New York City Commission on Human Rights.
The Clinic’s docket comes from cases referred by various sources, including the pro se office of the federal courts, other attorneys, and civil rights organizations. In many cases, the Clinic is co-counsel with outside organizations such as The Legal Aid Society, Make the Road by Walking, an advocacy organization for low-wage Latino immigrant workers; Mobilization for Justice (formerly known as MFY Legal Services), representing low income individuals and persons with disabilities; and Legal Momentum (formerly known as the NOW Legal Defense Fund), an advocacy organization for women’s rights.
The work that students do on Clinic cases spans the full range of litigation tasks performed by attorneys. These include meeting with the clients, interviewing witnesses, conferring with opposing counsel, taking depositions, and appearing in court for scheduling conferences, argument of motions, evidentiary hearings, trials, and appeals. Much of the fieldwork involves drafting documents such as pleadings, discovery requests, correspondence with opposing counsel and the court, deposition outlines, and briefs. Typically, two students work on each fieldwork case. However, more than two may work on cases that are particularly complex or demanding.
We currently have four cases on our docket, some or possibly all of which may still be in progress in Fall 2020. All four cases involve claims of wrongful termination from employment based, variously, on race, pregnancy, complaints about sexual harassment, request for reasonable accommodation of a disability, and request for leave under the Family and Medical Leave Act. One of the cases also involves a claim of failure to pay minimum wage, and a challenge to the mandatory arbitration provision in a contract of employment. All the cases are in federal court or currently pending before the EEOC, but will be filed in federal court after the agency proceedings have concluded.
The seminar component of the course deals with the substantive and procedural law related to Clinic cases. The goal is to give students the opportunity to experience and reflect on how the rules of civil procedure and the rules of evidence operate in the real world of federal litigation. Students participate in simulation exercises derived from prior Clinic cases. These exercises include initial and on-going case planning; drafting pleadings, discovery requests, motions and briefs; arguing motions; taking depositions; and performing trial work, including direct and cross-examination of witnesses, opening statements, and closing arguments. The simulation exercises in the fall semester focus on the first half of the pretrial process, through discovery and motion practice. The simulation exercises in the spring semester focus on the latter part of the pre-trial process and trial work.
On average, students spend about 20 hours per week on the course. However, the workload may be heavier or lighter at different times during the semester depending on the demands of the fieldwork cases and simulation exercises.
Students who are interested in taking the Clinic should submit the standard application, resume and transcript online through CAMS. Professor Sager will schedule times to meet in small groups with applicants who would like more information about the course and the opportunity to ask questions. She will also be available to meet individually with students who so wish. The Clinic administrator Marie Morrow will contact applicants to schedule the group information sessions and any individual meetings with Professor Sager. These meetings are not mandatory and applicants are not selected based on attendance.
Full Year Clinic
Full Year Clinic
* 6 credits consisting of 3 clinical credits and 3 academic seminar credits each semester.