Law Commons^™

Accommodation Subverted: The Future Of Work/Family Initiatives In A 'Me, Inc.' World, Rachel Arnow-Richman

UF Law Faculty Publications

This article considers the viability of mandated employer accommodation of family caregiving in a work culture that prizes employee mobility and independence. Extant accommodation mandates, such as the Americans with Disabilities Act and the Family Medical Leave Act, have been only moderately successful in deconstructing discriminatory work structures that operate to exclude underrepresented workers. Court decisions interpreting those laws frequently invoke equality principles to limit their reach and preserve employer discretion, while decisions favorable to disadvantaged plaintiffs have often occasioned popular backlash. These circumstances call into question the efficacy of accommodation as a vehicle for achieving results-based equality for caregivers. …