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Full-Text Articles in Law
Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams
Symposium Introduction: Women's Work Is Never Done: Employment, Family, And Activism, Kristin (Brandser) Kalsem, Verna L. Williams
Faculty Articles and Other Publications
This article frames the issues in the Supreme Court case, Nevada Department of Human Resources v. Hibbs, and introduces the articles making up the inaugural symposium of the Law and Women's Studies Program at the University of Cincinnati. Hibbs involved a husband who was trying to get leave under the Family and Medical Leave Act (FMLA) in order to take care of his severely injured wife. The case presents an opportunity to rethink issues of work and family, the legal subordination of women, and the law as an agent for social change, and it was therefore an ideal focus for …
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …