Charles Sullivan

Professor Charles Sullivan

Emeritus Professor

Professor Sullivan received his B.A. from Siena College, his LL.B. from Harvard University and his LL.M. from New York University. He practiced in New York and previously taught at the University of South Carolina and the University of Arkansas. Dean Sullivan has published in the areas of employment discrimination, employment law, contracts, and antitrust. He is co-author of Employment Discrimination: Law & Practice, now in its Fourth Edition; Cases and Materials on Employment Discrimination, now in its Ninth Edition; Employment Law: Private Ordering And Its Limitation, now in its Third Edition; and Cases and Materials on Employment Law (1993). Professor Sullivan has published in a number of law reviews, including Cornell, Wisconsin, Boston University, Ohio State, Georgetown, Northwestern, and William & Mary. An elected member of the American Law Institute, he joined the Seton Hall Law faculty in 1978. He was honored with the Catania Chair from 2010 to 2016, named in memory of a deceased colleague, friend, and co-author. He served as Associate Dean at Seton Hall from 1995 until 2001 and directed the Rodino Library from 2008 to 2015. He served as Associate Dean for Finance and Faculty from 2015 to 2019. 



Clergy Contracts, 22 Empl. Rts. & Employ. Pol’y J. 371 (2018)

Employing AI, 63 Vill. L. Rev. 395 (2018)

Murphy Oil and Norris LaGuardia to the Rescue: Preserving Employee Rights to Concerted Dispute Resolution in an Era of Mandatory Individual Arbitration, 70 Rutgers L. Rev. 401 (2018) (with Glynn)

Taking on an Industry: Women and Directing in Hollywood, 20 Empl. Rts. & Employ. Pol'y J. 229 (2018) (with Zimmer and White)

Tending the Garden: Restricting Competition via "Garden Leave", 37 Berkeley J. Emp. & Lab. L. 293 (2016)

Restating Employment Remedies, 100 Cornell L. Rev. 1391 (2015)

The FAA Triumphal: A Modest Opinion, 19 Empl. Rts & Empl. Pol'y J. (2015) (with Timothy Glynn)

Is There a Method to the Madness?: Torts and Other Influences on Employment Discrimination Law, 75 Ohio St. L. J. 1079 (2014)

Horton Hatches the Egg: Concerted Action Includes Concerted Dispute Resolution, 64 Ala. L. Rev. 1013 (2013) (with Glynn)

The Curious Incident of Gross and the Significance of Dogs that Don’t Bark, 90 Tex. L. Rev. See Also 157 (2012)

Tortifying Employment Discrimination, 92 B. U. L. Rev. 1431 (2012)

Mastering the Faithless Servant?: Reconciling Employment Law, Contract Law, and Fiduciary Duty, 4 Wis. L. Rev. 777 (2011)

Plausibly Pleading Employment Discrimination, 52 Will. & Mary L. Rev. 1613 (2011)

Raising the Dead?: The Lilly Ledbetter Fair Pay Act, 84 Tul. L. Rev. 499 (2010)

Ricci v. DeStefano: End of the Line or Just Another Turn on the Disparate Impact Road?, 104 Nw. U. L. Rev. 411 (2010) (reprinted from 104 Nw. U. L. Rev. Colloquy 201 (2009))

The Puzzling Persistence of Unenforceable Contract Terms, 70 Ohio St. L. J. 112 (2010)

The Phoenix from the Ash: Proving Discrimination by Comparators, 60 Ala. L. Rev. 191 (2009)

Disparate Impact: Looking Past the Desert Palace Mirage, 47 Will. & Mary L. Rev. 911 (2006)

Legal Regulation of the Use of Race in Medical Research, 34 J.L. Med. & Ethics 535 (2006) (with Lillquist)

On Vacation, 43 Hous. L. Rev. 1143 (2006)

The Under-Theorized Asterisk Footnote, 93 Geo. L. J. 1093 (2005)

Circling Back to the Obvious: The Convergence of Traditional and Reverse Discrimination in Title VII Proof, 46 Will. & Mary L. Rev. 1031 (2004)

The Law and Genetics of Racial Profiling in Medicine, 39 Harv. Civ. RTS-CIV. Lib. L. Rev. 391 (2004) (with Erik Lillquist)

The World Turned Upside Down?: Disparate Impact Claims by White Males, 98 NW. U. L. Rev. 215 (2004)

Judging Judgments: The 1991 Civil Rights Act and the Lingering Ghost of Martin v. Wilks, 57 Brooklyn. L. Rev. 995 (1992) (with Andrea Catania)

Accounting for Price Waterhouse: Proving Disparate Treatment Under Title VII, 56 Brooklyn. L. Rev. 1107 (1991)

Breaking Up the Treble Play: Attacks on the Private Treble Damage Antitrust Action, 14 Seton Hall L. Rev. 17 (1983)

The Herfindalh-Hirschman Index and the New Antitrust Merger Guidelines: Concentrating on Concentration, 62 Tex. L. Rev. 453 (1983) (with Cohen)

The Structure of Title VII Individual Disparate Treatment Litigation: Anderson v. City of Bessemer City, Inferences of Discrimination and Burdens of Proof, 9 Harv. Women’s L. J. 25 (1983) (With Zimmer)

The Equal Pay Act of 1963: Making and Breaking a Prima Facie Case, 31 Ark. L. Rev. 545 (1978)

Revisiting the "Neglected Stepchild":  Antitrust Treatment of Postemployment Restraints of Trade, U. Ill. L.F. 621 (1977)

Consent Decree Settlements by Administrative Agencies:  Optimizing Public and Private Interests in Antitrust and Employment Discrimination Enforcement, 1976 Duke L.J. 163 (1976) (with Michael Zimmer)

The Enforcement of Title VII:  Meshing Public and Private Efforts, 71 NW. U.L. Rev. 480 (1976)

Private Enforcement of Government Antitrust Decrees:  Third Party Beneficiary Rights and Intervenor Status, 123 U. Pa. L. Rev. 822 (1975)

The South Carolina Human Affairs Law:  Two Steps Forward, One Step Back? (II), 27 S.C.L. Rev. 1 (1975) (with Michael Zimmer)

The South Carolina Human Affairs Law:  Two Steps Forward, One Step Back? (I), 26 S.C.L. Rev. 1 (1974) (with Michael Zimmer)


Employment Discrimination: Law & Practice (1st, 2nd, 3rd and 4th editions, Aspen Publishers (1980, 1988, 2002,) (with Michael Zimmer, Rebecca Hanner White and Lauren Walter Kavanagh)


Gilmering Antidiscrimination Law in Employment Discrimination Stories, in Foundation Press (2006) (Friedman, ed.)


Employment Law: Private Ordering and its Limitations (1st, 2nd, 3rd editions), Aspen (2007, 2011, 2015) (with Timothy Glynn and Arnow-Richman)

Cases & Materials on Employment Law, Little, Brown/Aspen (1993) (with Calloway & Michael Zimmer)

Cases and Materials on Employment Discrimination, (1st through 8th eds., 1982-2013)