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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 on religious discrimination in the workplace and initiatives to increase ex-offender employment. His most recent research project addressed how the law can encourage employers and employees to work together in assessing whether an employee's religious beliefs can be reasonably accommodated. His work has appeared in numerous top journals, including the Alabama Law ReviewBoston College Law Review, Illinois Law ReviewIowa Law Review, Minnesota Law Review, Ohio State Law Journal, University of Pennsylvania Law Review, Washington University Law Review, and Wisconsin Law Review. He has also published in several leading sociology journals.

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, Employment Discrimination, Labor and Employment Law Practicum, and Sports Law Seminar.

 

Education: 

JD, University of Michigan Law School

MS, Sociology, Brigham Young University

BS, 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, Sports Law

Faculty Activities
In Progress: 

Reasonable Religious Accommodations
This paper explores how courts analyze whether a religious accommodation is reasonable and argues they should give greater attention to how an accommodation would impact the terms and conditions of the employee’s employment.

Religious Accommodation in the Age of Whole-Self Employment
This paper argues that employers should voluntarily provide religious accommodations to employees beyond what the law requires. This is because we now live in the age of whole-self employment, meaning employees are no longer content to check their personal lives at the workplace door, but instead expect to be able to bring their entire selves—including their religious beliefs—with them to work. I draw on the empirical research on employee authenticity and productivity to argue that employers stand to profit by allowing employees to express their religious beliefs at work.

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.

 

Articles: 

Using Religion to Protect Transgender Employees from Discrimination, 2020 Illinois Law Review (forthcoming 2020).

Interactive Religious Accommodations, 71 Alabama Law Review (forthcoming 2019).

Do Ban-the-Box Laws Really Work?, 104 Iowa Law Review 1079-1127 (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: 

"Reasonable Religious Accommodations," Colloquium on Scholarship in Employment and Labor Law, University of Nevada Las Vegas School of Law (2019).

"Reasonable Religious Accommodations," Central States Law Schools Association Annual Conference, University of Toledo College of Law (2019).

"Reasonable Religious Accommodations," Chicagoland Junior Scholars Conference, Loyola (Chicago) Law School (2019).

“Interactive Religious Accommodations,” Law and Society Association Annual Meeting, Washington, D.C. (2019).

"Interactive Religious Accommodations," American Association of Law Schools Annual Meeting, New Orleans, LA (2019) (invited from a call for papers).

“Religious Conversion and Transgenderism,” J. Reuben Clark Law Society Faculty Conference, New Orleans, LA (2019).

“Religion as Key to Protecting Transgender Employees from Discrimination,” Chicagoland Junior Scholars Conference, Loyola (Chicago) Law School (2018).

“Religion as Key to Protecting Transgender Employees from Discrimination,” Colloquium on Scholarship in Employment and Labor Law, University of South Carolina School of Law (2018).

“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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