Employment Discrimination Law, Fifth Edition


For over three decades, Employment Discrimination Law has been the definitive treatise in this complex and highly detailed area of law. Experienced practitioners offer analysis from a range of perspectives including management, plaintiff, union, and public practice, providing a balanced presentation of issues surrounding discrimination in the workplace. It offers the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere.


The premier treatise on the law of discrimination in the workplace

Employment Discrimination Law is the definitive treatise in this complex and highly detailed field.  The balanced and unbiased approach of this two-volume work reflects the combined efforts of attorneys from the three wings of the ABA Labor and Employment Law Section’s Equal Employment Opportunity Law Committee, representing the plaintiff/public, management, and union employment bars. Offering the most comprehensive coverage of employment discrimination law available, Employment Discrimination Law is described as an “indispensable resource” in the Legal Information Buyer’s Guide and Reference Manual.

The Fifth Edition’s highlights include the impact of the Supreme Court’s rulings on the breadth of retaliation claims, the viability of agreements to arbitrate employment disputes, Title VII class actions, and the statute of limitations accrual date for pay discrimination. It also features rewritten chapters on EEOC administrative processes and federal contract affirmative action compliance.


  • Theories of Discrimination
  • Prohibited Bases of Discrimination
  • Employment Actions
  • The Parties
  • Procedural Issues
  • Other Sources of Protection
  • Remedies and Resolution
  • Table of Cases
  • Index

The 2017 Cumulative Supplement updates the treatise with analysis of cutting edge issues including: 

  • The interplay between disparate treatment and disparate impact claims under the Pregnancy Discrimination Act and Americans with Disabilities Act
  • Various issues of employer and employee burdens in accommodation claims
  • Factors considered when determining the “essential functions” of a job in the context of disability claims
  • Whether a retaliation claim may be grounded on an employer’s incorrect belief that its employee had engaged in a protected activity
  • Contrasting caselaw on claims that subjective hiring practices are discriminatory
  • Decisions regarding “supervisor” status in the wake of the Supreme Court’s decision in Vance v. Ball State University
  • Recent Supreme Court decisions regarding the proper forum for reviewing “mixed charges” adverse to federal employees
  • The scope of race and color discrimination under § 1981
  • The current state of the law on affirmative action in employment


Barbara T. Lindemann  is formerly Of Counsel at Seyfarth Shaw, Los Angeles, CA.

Paul Grossman is a partner in Paul Hastings LLP, Los Angeles, CA. He is also the author of the Employment Discrimination Law Update.

C. Geoffrey Weirich is the principal of Weirich Consulting and ADR, Atlanta, GA.

Debra Millenson is the principal of The Millenson Law Firm in Washington, DC.

Laurie E. Leader is a professor of law at the Illinois Institute of Technology’s Chicago-Kent College of Law, Chicago, IL.

Scott A. Moss is a professor of law at the University of Colorado Law School, Boulder, CO.


Fifth Edition Information

2012/2 Volumes/3,588 pp. Hardcover/Order #2015

Cumulative Supplement Information

1,234 pp. Softcover/ISBN 978-1-68267-061-3/Order #3061


“[T]his scholarly examination of employment discrimination issues includes a discussion of disparate treatment, adverse impact, effects of past discrimination, reasonable accommodation, sexual harassment, comparable worth, wrongful discharge, union relations, and statistical proof.”

Kendall F. Svengalis

Legal Information Buyer's Guide and Reference Manual

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