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Recapturing The Transformative Potential Of Employment Discrimination Law, Michelle A. Travis

Michelle A. Travis

Although antidiscrimination law has helped address explicit prejudice in the workplace, significant disparities remain, particularly for workers with disabilities and women with caregiving responsibilities. Much of this inequality results from subtler causes, including the ways that employers organize the when, where, and how of work performance. This Article analyzes the role that employment discrimination law could play in transforming the traditional organization of work. In particular, this Article challenges the full-time face-time norm, around which most top-level jobs are designed. This norm refers to the bundle of default preferences that employers have for full-time positions, unlimited hours or rigid work …