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Dallan Flake

Title: 
Associate Professor of Law
Office: 
Tilton Hall of Law #188
Phone #: 
419-772-2226
Fax #: 
419-772-3514
Email: 
d-flake@onu.edu
Biography: 

Professor Flake joined the ONU Law faculty in 2016. He writes on topics related to labor and employment law, focusing especially on religious discrimination in the workplace and employment discrimination against ex-offenders. His most recent research project tested whether ban-the-box laws increase ex-offender employment, and whether these laws benefit certain races more than others. His work has appeared in numerous top journals, including the Boston College Law Review, Iowa Law Review, Minnesota Law Review, Ohio State Law Journal, University of Pennsylvania Law Review, Washington University Law Review, and Wisconsin Law Review.

Before coming to ONU, Professor Flake was a visiting professor at Brigham Young University. Prior to that, he practiced law in Dallas, Texas, with the firms of Winstead PC and Ogletree Deakins, where he represented employers in all aspects of labor and employment law, including discrimination, harassment, retaliation, employment-related torts, noncompete agreements, and civil rights claims.

Professor Flake teaches Civil Procedure I and II, Conflict of Laws, Evidence, and Advanced Legal Analysis.

 

Education: 

J.D., University of Michigan Law School

M.S., Sociology, Brigham Young University

B.S., Sociology and Latin American Studies, Brigham Young University

 

Bar Admissions: 

Texas and Utah

 

Teaching Interests: 

Civil Procedure, Conflict of Laws, Employment Discrimination, Evidence, Labor Law, Law and Social Science, Legal Analysis

Faculty Activities
In Progress: 

The Evolution of Workplace Religious Discrimination Law (this project examines the origins of legal protections against religious discrimination in the workplace, traces how these laws have evolved over time, and explores potential future issues in light of the United States’ rapidly changing religious landscape).

Religion as Key to Protecting Transgender Employees from Discrimination (this paper argues that Title VII's protection of an employee who switches from one religious status to another should extend with equal force to an employee who transitions from one sex to the other).

 

Articles: 

Do Ban-the-Box Laws Really Work?, 104 Iowa Law Review (forthcoming 2019)

When Should Employers Be Liable for Factoring Biased Customer Feedback into Employment Decisions?, 102 Minnesota Law Review 2169-2228 (2018).

Employer Liability for Nonemployee Discrimination, 58 Boston College Law Review 1169-1224 (2017).

Religious Discrimination Based on Employer Misperception, 2016 Wisconsin Law Review 87-132 (2016).

Image is Everything: Corporate Branding and Religious Accommodation in the Workplace, 163 University of Pennsylvania Law Review 699-754 (2015).

When Any Sentence is a Life Sentence: Employment Discrimination Against Ex-Offenders, 93 Washington University Law Review 45-102 (2015).

Bearing Burdens: Religious Accommodations that Adversely Affect Coworker Morale, 76 Ohio State Law Journal 169-216 (2015).

 

Presentations: 

“Religion as Key to Protecting Transgender Employees from Discrimination,” Colloquium on Scholarship in Employment and Labor Law, University of South Carolina School of Law (scheduled).

“An Empirical Analysis of Banning the Box: Evidence from Chicago and Dallas,” Law and Society Association Annual Meeting, Toronto, Ontario, Canada (2018).

“Do Ban-the-Box Laws Really Work? An Empirical Analysis,” Ohio Legal Scholars Workshop, West Virginia University College of Law (2018).

“Do Ban-the-Box Laws Really Work? Preliminary Findings from Dallas and Chicago,” Colloquium on Scholarship in Employment and Labor Law, Texas A&M University School of Law (2017).

“Do Ban-the-Box Laws Really Work?,” Developing Ideas Conference, University of Kentucky College of Law (2017).

“A Revised Approach to Employer Liability for Nonemployee Discrimination,” Colloquium on Scholarship in Employment and Labor Law, University of Washington School of Law/Seattle University School of Law (2016).

“Employer Liability for Nonemployee Discrimination,” Law and Society Association Annual Meeting, New Orleans, LA (2016).

“After Abercrombie: Religious Discrimination Based on Employer Misperception,” Colloquium on Scholarship in Employment and Labor Law, Indiana University Maurer School of Law (2015).

“When Any Sentence is a Life Sentence: Employment Discrimination Against Ex-Offenders,” Law and Society Association Annual Meeting, Seattle, WA (2015).

“Marginalizing Moms: Discrimination Against Mothers in the Workplace,” Brigham Young University Women’s Studies Conference, Provo, UT (2014).

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