- 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, challenge the impact of forced arbitration on structural legal change, 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, she 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 her 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. Professor Bornstein co-authors a leading casebook in the field of employment discrimination law, Sullivan, Bornstein & Zimmer’s Cases & Materials on Employment Discrimination (Aspen). In addition, she was tapped by legal publisher Lexis/Matthew Bender to author the first ever U.S. legal treatise on equal pay law, The Equal Pay Act and Pay Transparency Laws (Lexis/Matthew Bender Treatise, forthcoming 2026) (with Deborah Brake).
A dedicated teacher, Professor Bornstein was selected by Loyola Law School students to receive the 2024 Professor of the Year award, in her first year as a member of their faculty. Prior to joining Loyola Law School, she 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, S.F.’s Center for WorkLife Law; and a staff attorney at national public interest law center Equal Rights Advocates.
Selected Books and Book Chapters
- The Equal Pay Act and Pay Transparency Laws (Lexis/Matthew Bender Treatise, forthcoming 2026) (with Deborah Brake).
- Cases and Materials on Employment Discrimination (Aspen Casebook Series, 11th ed., forthcoming 2026; 10th ed., 2022) (with Charles A. Sullivan & Michael J. Zimmer).
- Degendering the Law through Stereotype Theory, in The Oxford Handbook of Feminism and Law in the United States 350-369 (D. Brake, M. Chamallas & V. Williams, eds., Oxford Univ. Press, 2023).
- When Forum Determines Rights: Forced Arbitration of Discrimination Claims, in A Guide to Civil Procedure: Integrating Critical Legal Perspectives 368-377 (B. Coleman, S. Malveaux, P. Pedro & E. Porter, eds., NYU Press, 2023).
- Commentary on AFSCME v. State of Washington, in Feminist Judgements: Employment Discrimination Opinions Rewritten 334-344 (A. McGinley & N. Porter eds., Cambridge Univ. Press, 2020).
Selected Law Review and Journal Articles
- The Enforcement Value of Disclosure, 72 Duke Law Journal 1771 (2023) (Selected for Duke Law Journal’s 2023 Administrative Law Symposium)
- Confronting the Racial Pay Gap, 74 Vanderbilt Law Review 1401(2022) (Selected for peer review in JOTWELL)
- Disclosing Discrimination, 101 Boston University Law Review 287 (2021) (Selected for 2020 Stanford/Harvard/Yale Junior Faculty Forum)
- Public-Private Co-Enforcement Litigation, 104 Minnesota Law Review 811 (2019)
- Antidiscriminatory Algorithms, 70 Alabama Law Review 519 (2018)
- Equal Work, 77 Maryland Law Review 581 (2018) (Selected for peer review in JOTWELL)
- Reckless Discrimination, 105 California Law Review 1055 (2017) (Winner, SEALS 2017 Call for Papers Competition)
- Unifying Antidiscrimination Law through Stereotype Theory, 20 Lewis & Clark Law Review 919 (2016)
- Rights in Recession: Toward Administrative Antidiscrimination Law, 33 Yale Law & Policy Review 119 (2014)
- The Legal and Policy Implications of the “Flexibility Stigma”, 69 Journal of Social Issues 389 (2013) (peer reviewed)
- The Law of Gender Stereotyping and the Work-Family Conflicts of Men, 63 Hastings Law Journal 1297 (2012)
- Work, Family, and Discrimination at the Bottom of the Ladder, 19 Georgetown Journal on Poverty Law & Policy 1 (2012)
Selected Essays and Invited Contributions
- The Legacy of Wal-Mart v. Dukes and the Administrative Response, 37 ABA Journal of Labor & Employment Law 289 (2023) (with Joseph M. Sellers).
- Shattering Stereotypes, 17 FIU Law Review 767 (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)