Jessica K. Fink

Faculty

JD, Harvard Law School
BA, University of Michigan [political science, with Highest Distinction]

225 Cedar Street

(619) 525-1452

Constitutional Law I, Employment Law, Remedies

Jessica Fink is a Phi Beta Kappa graduate of the University of Michigan with a BA in political science. She received her law degree from Harvard Law School.

After graduating from law school, Fink spent five years practicing with the Chicago firm of Sidley Austin LLP as a member of the labor and employment practice group, where she litigated a wide variety of employment-related matters in state and federal court and before administrative tribunals—including discrimination, wrongful termination, ERISA, and wage and hour claims. Fink also counseled businesses of all sizes with respect to a broad range of employment-related issues, and provided training to employers and their workforces regarding legally appropriate employment practices.

Professor Fink’s research focuses on how traditional employment law doctrines have been complicated by developments in the modern workplace and examines how those tensions have played out in civil litigation. Fink previously was a teaching fellow in California Western’s Aspiring Legal Scholars program. She became an Assistant Professor in 2007, an Associate Professor in 2010, and was elevated to Professor of Law in 2014. She was named the Clara Shortridge Foltz Professor of Law in 2018.

Visit Professor Fink's SSRN Author Page.

Law Review Articles

• Jessica K. Fink, Sidelined Again: How the Government Abandoned Working Women Amidst a Global Pandemic, 3 Utah L. Rev. (forthcoming 2022)
• Jessica K. Fink, Disgorging Harvey Weinstein’s Salary, 41 Berkeley J. of Employment & Labor Law 285 (2020).
• Jessica K. Fink, Gender Sidelining and the Problem of Unactionable Discrimination, 29 Stan. L. & Pol. Rev. 57 (2018), reprinted in Gender, Power, Law & Leadership (West Academic 2019).
• Jessica K. Fink, Madonnas and Whores in the Workplace, 22 Wm. & Mary J. Women & L. (2016).
• Jessica K. Fink, In Defense of Snooping Employers, 16 U. Pa. J. Bus. L. 551 (2014), reprinted in 64 Def. L. J. 121 (2015).
• Jessica K. Fink, The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation Doctrine, Hastings L. J. Voir Dire 7 (2011), at http://www.hastingslawjournal.org/voir-dire/third-party-retaliation.
• Jessica K. Fink, Protected by Association? The Supreme Court’s Incomplete Approach to Defining the Scope of the Third-Party Retaliation Doctrine, 63 Hastings L.J. 521 (2011).
• Jessica K. Fink, A Crumbling Pyramid:  How the Evolving Jurisprudence Defining “Employee” Under the ADEA Threatens the Basic Structure of the Modern Large Law Firm, 6 Hastings Bus. L.J. 35 (2010).
• Jessica K. Fink, Unintended Consequences:  How Antidiscrimination Litigation Increases Group Bias in Employer-Defendants, 38 N.M. L. Rev. 333 (2008).