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Cases and Materials on Employment Discrimination, Eleventh Edition

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Authors
  • Charles A. Sullivan
  • Stephanie Bornstein
  • Michael J. Zimmer
Series / Aspen Casebook Series
BOOKMARK
Book length
860 pages
Publication Date
2025-11-04
Edition
Eleventh Edition
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.



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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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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Preface
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About the authors
Charles A. Sullivan
Emeritus Professor
Seton Hall Law School

Charles A. Sullivan recently retired from Seton Hall Law School, where he was a professor for more than 40 years. Prior to joining Seton Hall, he taught at the University of South Carolina School of Law and the University of Arkansas School of Law, and he practiced law in New York. 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 Eleventh Edition, and Employment Law: Private Ordering and Its Limitation, now in its Fifth Edition. He has also published over 40 law review and journal articles, appearing in the Northwestern Law Review, the Cornell Law Review, the Duke Law Journal, the Georgetown Law Journal, and the Texas 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. He received his B.A. from Siena College, his LL.B. from Harvard University, and his LL.M. from New York University.

Stephanie Bornstein
Professor of Law & William M. Rains Fellow
LMU Loyola Law School, Los Angeles

Stephanie Bornstein is a professor at LMU Loyola Law School, Los Angeles where she teaches and writes in the areas of employment and labor law, antidiscrimination law, and procedural law. Her scholarship has been published widely, including in the California Law Review, Duke Law Journal, and Vanderbilt Law Review, and 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). Prior to joining the Loyola Law faculty, Professor Bornstein taught at the University of Florida Levin College of Law, served as a Visiting Assistant Professor and Deputy Director of the Center for WorkLife Law at UC Law San Francisco (formerly UC Hastings), and worked as a staff attorney at national public interest law center Equal Rights Advocates. She 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.

Michael J. Zimmer
Loyola University Chicago Emeritus, Seton Hall

Professor Michael J. Zimmer received his A.B. and J.D. from Marquette University, where he was Editor in Chief of the Marquette Law Review. He also holds an LL.M from Columbia University, where he was named a James Kent Fellow. Following law school, he clerked for the Honorable Thomas E. Fairchild of the United States Court of Appeals for the Seventh Circuit and then served as an associate at Foley & Lardner in Milwaukee. He began his law school teaching career at the University of South Carolina, and he has taught at a number of law schools, most recently as a visiting professor of law at Northwestern University. He joined the Seton Hall University School of Law in 1978, served as Associate Dean from 1990 to 1994, and was on the faculty until 2008. He has taught in summer programs to American law students in Italy, France, and England, and to Chinese law students in Beijing.

A widely recognized scholar in the areas of employment discrimination law, labor and employment law, and constitutional law, Professor Zimmer is co-author of one of the first and still the leading employment discrimination casebooks, as well as co-author of the first casebook on international and comparative employment law. He has also published many articles in leading law journals.
Product Information
Edition
Eleventh Edition
Publication date
2025-11-04
Copyright Year
2026
Pages
860
Connected eBook + Hardcover
9798892079143
Connected eBook (Digital Only)
9798892079150
Audiobook
9798899631917
eBook + Audiobook
9798899632839
Subject
Employment Discrimination
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