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Stephanie Bornstein

Stephanie Bornstein, Professor of Law, William M. Rains Fellow

Professor of Law
William M. Rains Fellow

Courses Taught

  • Administrative Law
  • Civil Procedure
  • Employment Discrimination
  • Employment Law
  • Seminars on Advanced Topics in Labor & Employment Law

Links

Education

  • AB, magna cum laude, Harvard University 
  • JD, University of California, Berkeley School of Law

Background

Professor Stephanie Bornstein teaches and writes in the areas of employment and labor law, antidiscrimination law, and procedural law. 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. Current projects develop new approaches to close racial and gender pay gaps, counter the discriminatory impacts of AI in the workplace, and foster public/private partnerships to better enforce public law. In 2019-2020, Professor Bornstein served as the Chair of the AALS Section on Employment Discrimination Law. Since 2020, Professor Bornstein has served as Co-Director of the Pay Equity & Living Wage Project of the Center for Comparative Equality and Anti-Discrimination Law at U.C. Berkeley Law School.

Professor 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). Over the past decade, six of Professor Bornstein’s law review articles have been cited in amicus briefs filed by national organizations in six different cases before the U.S. Supreme Court. Her article Reckless Discrimination, 105 Calif. L. Rev. 1055 (2017), was a winner of the 2017 Southeastern Association of Law Schools (SEALS) Call for Papers competition. Her article Disclosing Discrimination, 101 B.U. L. Rev. 287 (2021), was chosen for presentation at the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her article The Enforcement Value of Disclosure, 72 Duke L.J. 1771 (2023), was selected for Duke Law Journal’s Annual Administrative Law Symposium in 2023. In addition, Professor Bornstein co-authors a leading casebook in the field of employment discrimination law, Sullivan, Bornstein & Zimmer’s Cases & Materials on Employment Discrimination (Aspen).

Prior to joining the Loyola Law School faculty, Professor Bornstein served as the Irving Cypen Professor of Law at the University of Florida Levin College of the Law; a Visiting Assistant Professor at U.C. Law, San Francisco (formerly U.C. Hastings College of Law); a Faculty Fellow and the Deputy Director of U.C. Law, SF’s Center for WorkLife Law; and a staff attorney at national public interest law center Equal Rights Advocates.

Selected Books and Book Chapters

Selected Law Review and Journal Articles

Selected Essays and Invited Contributions

  • The Legacy of Wal-Mart v. Dukes and the Administrative Response, 37 ABA Journal of Labor & Employment Law _ (forthcoming 2023) (for Proceedings of the 74th Annual NYU Conference on Labor & Employment Law, June 9, 2022)
  • Shattering Stereotypes, 17 FIU Law Review _ (forthcoming 2023) (Invited for symposium on Kerri Lynn Stone, Panes of the Glass Ceiling (2022))
  • The Machine in the Mirror, Yale Journal on Regulation: Notice & Comment (Mar. 14, 2023) (Invited for symposium on Orly Lobel, The Equality Machine (2022)).
  • The Politics of Pregnancy Accommodation, 14 Harvard Law & Policy Review 293 (2020) (Invited for special issue on pregnancy and politics)
  • The Statutory Public Interest in Closing the Pay Gap, 10 Alabama Civil Rights Civil Liberties Law Review 1 (2019) (Invited for symposium on the Equal Pay Act at 55)