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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
