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Cases and Materials on Employment Discrimination, Eleventh Edition

Authors
  • Charles A. Sullivan
  • Stephanie Bornstein
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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The eleventh edition of the best-selling Cases and Materials on Employment Discrimination remains largely the same in structure, but with significant modernization. Like earlier editions, the eleventh edition blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors have built a conceptual framework for understanding how discrimination is defined in theory and proven in litigation, organizing the material primarily by theories of discrimination, rather than protected trait. This reflects the statutory and common law unification of discrimination analysis under the three major statutes (Title VII, the ADEA, and the ADA), while allowing professors to explore particular interests more deeply. The text also provides tools to contrast a litigation approach with compliance, investigation, and counseling perspectives characteristic of modern employment law practice. The eleventh edition includes three new principal cases, as well as updated notes and materials throughout. The useful Statutory Supplement is available for separate purchase. 

New to the Eleventh Edition:
• New principal case Ames v. Ohio (2025), removing “background circumstances” test for majority group member claims
• New principal case Muldrow v. St. Louis (2024), defining level of harm for a “term of condition of employment”
• New principal case Groff v. DeJoy (2023), revisiting “de minimis” test for religious accommodation 
• Expanded and updated notes throughout, incorporating discussion of new cases: U.S. v. Skrmetti (2025), Mahmoud v. Taylor (2025), Stanley v. City of Sanford (2025), Bissonnette v. LePage Bakeries Park St., LLC (2024), Loper Bright Enterprises v. Raimondo (2024), and Students for Fair Admissions v. Harvard (2023)
• Modernized section on pregnancy discrimination, featuring streamlined version of Young v. UPS (2015) and expanded coverage of the Pregnant Worker Fairness Act (PWFA, effective 2023)
• Context for understanding recent developments on the law of accommodation, bringing requirements for pregnancy and religious accommodations closer to that for disability
• Context and information on executive actions by the second Trump administration and their impacts on antidiscrimination law enforcement

Professors and students will benefit from:
• An integrated pedagogy that balances doctrine with scholarly and practice perspectives
• A conceptual framework that both provides theoretical foundations and shows how discrimination is defined and proven
• A design that allows teachers to shift between litigation approaches and compliance, investigation, and counseling perspectives
• An outstanding Teacher’s Manual
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Table of Contents
SUMMARY OF CONTENTS

Contents
Preface 
Acknowledgments
Note to Students


Chapter 1. Individual Disparate Treatment Discrimination 
Chapter 2. Systemic Disparate Treatment Discrimination 
Chapter 3. Systemic Disparate Impact Discrimination 
Chapter 4. The Interrelation of the Three Theories of Discrimination 
Chapter 5. Special Problems in Applying Title VII, Section 1981,
and the ADEA
Chapter 6. Retaliation
Chapter 7. Disability Discrimination
Chapter 8. Procedures for Enforcing Antidiscrimination Laws 
Chapter 9. Judicial Relief
Chapter 10. Managing Risks in Employment Discrimination Disputes

Table of Cases
Table of Secondary Authorities
Index
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Professor Materials
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About the authors
Charles A. Sullivan
Professor
Seton Hall

Charles A. Sullivan received his B.A. from Siena College, his LL.B. from Harvard University, and his LL.M. from New York University. He practiced in New York and previously taught at the University of South Carolina and the University of Arkansas. He recently retired from Seton Hall Law School after teaching there for more than 40 years. Professor Sullivan has published in the areas of employment discrimination, employment law, contracts, and antitrust. He is co-author of Cases and Materials on Employment Discrimination, now in its Tenth Edition, and Employment Law: Private Ordering and Its Limitation, now in its Fourth Edition. Professor Sullivan has written numerous law review articles, appearing in the Georgetown Law Journal, the Northwestern Law Review, and the Cornell Law Review, among others. An elected member of the American Law Institute, he served twice as Associate Dean and was honored with the Catania Chair.

Stephanie Bornstein
Professor
University of Florida Levin College of Law

Stephanie Bornstein is a Professor at the University of Florida Levin College of Law where she teaches and writes in the areas of employment and labor law, antidiscrimination law, and civil procedure. Her scholarship focuses on legal and administrative strategies to reduce racial and gender inequality in the workplace and ensure access to justice in civil litigation. Bornstein’s scholarship has been cited in enforcement efforts by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). In 2019-2020, Bornstein served as the Chair of the AALS Section on Employment Discrimination Law, and she remains on the Section’s Executive Committee. Prior to joining the University of Florida law faculty, Bornstein served as a Visiting Assistant Professor at U.C. Hastings College of Law, as a Faculty Fellow and Deputy Director of U.C. Hastings’ Center for WorkLife Law, and as a staff attorney at the national public interest law center Equal Rights Advocates. Bornstein received her bachelor’s degree magna cum laude from Harvard University and her law degree from U.C. Berkeley School of Law, where she served as a member of the California Law Review and Managing Editor of the Berkeley Women’s Law Journal.

Product Information
Edition
Eleventh Edition
Publication date
2025-11-01
Copyright Year
2026
Pages
828
Connected eBook + Hardcover
9798892079143
Connected eBook (Digital Only)
9798892079150
Subject
Employment Discrimination
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