Levin College of Law

Stephanie Bornstein

University Term Professor
Professor of Law

Mailing Address:
Box #117625 Gainesville, FL 32611

About

Professor Stephanie Bornstein teaches and writes in the areas of employment and labor law, antidiscrimination law, civil procedure, and administrative 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, Bornstein served as the Chair of the AALS Section on Employment Discrimination Law. Bornstein currently serves 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.

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). Since 2011, five of Bornstein’s law review articles have been cited in amicus briefs filed by national organizations in five different cases before the U.S. Supreme Court. Her article, Reckless Discrimination, 105 Calif. L. Rev. 1055 (2017), was selected as 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 selected for presentation at the 2020 Stanford/Harvard/Yale Junior Faculty Forum. For its 10th edition, forthcoming in 2022, she joins as co-author of a leading casebook in the field, Sullivan, Bornstein & Zimmer’s CASES & MATERIALS ON EMPLOYMENT DISCRIMINATION (Aspen).

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 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.

Education

J.D., University of California, Berkeley School of Law
A.B., Harvard University (magna cum laude)

Teaching and Scholarship

  • Current courses: Civil Procedure, Administrative Law, Employment Law, Employment Discrimination
  • Other Interests: Labor Law, Comparative Work Law, Technology & Work, AI & Fairness, Title IX, Gender & the Law, Race & the Law, Critical Legal Theory (Race, Gender), Legislation

Professional Activities

  • University of Florida: Joined Levin College of Law faculty as Assistant Professor in 2014; Promoted to Associate Professor in 2017; Promoted to Professor in 2020
  • Previous Academic Experience: Visiting Assistant Professor, University of California, Hastings College of the Law (2011-2014)
  • Other Professional Experience: Deputy Director & Faculty Fellow, Center for WorkLife Law, University of California, Hastings College of the Law (2006-2011); Attorney, Equal Rights Advocates (2000-2004)
  • Professional Associations: Law & Society Association; Work & Family Researchers Network; Admitted to California Bar

Courses

Employment Law - LAW 6545
  • This course is an introduction to and survey of principal statutes and common-law doctrines governing the workplace and relationships between employers and employees. Typical topics covered may include the at-will doctrine, developing exceptions to the at-will doctrine, employment discrimination, conditions of employment, aspects of labor law, hiring, firing and other topics.
Civil Procedure - LAW 5301
  • Analysis of a civil lawsuit from commencement through trial, including consideration of jurisdiction, venue, pleading, motions, discovery, and joinder of parties and of claims; right to trial by jury, selection and instruction of jury, respective roles of judge, jury, and lawyer; trial and post-trial motions; judgments.
Employment Discrimination - LAW 6549
  • The goal of this course is to introduce the major federal statutes prohibiting workplace discrimination and to develop your ability to analyze employment decisions and workplace conduct under the legal framework created by Congress and the judiciary.

Publications

Selected Books

  • CASES AND MATERIALS ON EMPLOYMENT DISCRIMINATION (Aspen Casebook Series, 10th ed., forthcoming 2022) (with Charles A. Sullivan & Michael J. Zimmer).
  • When Forum Determines Rights: Forced Arbitration of Discrimination Claims, in A GUIDE TO CIVIL PROCEDURE: INTEGRATING CRITICAL LEGAL PERSPECTIVES _ (B. Coleman, S. Malveaux, P. Pedro & E. Porter, eds., NYU Press, forthcoming 2022).
  • Gender Stereotyping, in THE OXFORD HANDBOOK OF FEMINISM AND LAW IN THE UNITED STATES _ (D. Brake, M. Chamallas & V. Williams, eds., Oxford Univ. Press, forthcoming 2022).
  • Commentary on AFSCME v. State of Washington, in FEMINIST JUDGMENTS: EMPLOYMENT DISCRIMINATION OPINIONS REWRITTEN 344 (A. McGinley & N. Porter eds., Cambridge Univ. Press, 2020).

Selected Articles

  • Disclosing Discrimination, 101 Boston University L. Rev. 287 (2021) [SSRN]
    • Selected for 2020 Stanford/Harvard/Yale Junior Faculty Forum
  • The Politics of Pregnancy Accommodation, 14 Harvard L. & Pol’y Rev.293 (2020) (invited for special issue on pregnancy and politics) [SSRN]
  • Public-Private Co-Enforcement Litigation, 104 Minnesota L. Rev. 811 (2019) [SSRN]
  • The Statutory Public Interest in Closing the Pay Gap, 10 Alabama C.R.-C.L. L. Rev 1 (2019) (invited for symposium on the Equal Pay Act) [SSRN]
  • Antidiscriminatory Algorithms, 70 Alabama L. Rev. 519 (2018) [SSRN]
  • Equal Work, 77 Maryland L. Rev. 581 (2018) [SSRN]
    • Selected for peer review in JOTWELL
  • Reckless Discrimination, 105 California L. Rev. 1055 (2017) [SSRN]
    • Winner, SEALS 2017 Call for Papers Competition
  • Unifying Antidiscrimination Law through Stereotype Theory, 20 Lewis & Clark L. Rev. 919 (2016) [SSRN]
  • Rights in Recession: Toward Administrative Antidiscrimination Law, 33 Yale L. & Pol’y Rev. 119 (2014) [SSRN]
  • The Legal and Policy Implications of the “Flexibility Stigma,” 69 J. of Soc. Issues 389 (2013) (peer reviewed) [SSRN]
  • The Law of Gender Stereotyping and the Work-Family Conflicts of Men, 63 Hastings L. J. 1297 (2012) [SSRN]
  • Work, Family, and Discrimination at the Bottom of the Ladder, 19 Geo. J. on Poverty L. & Pol’y 1 (2012) [SSRN]