Law Commons^™

Embracing Caregiving And Respecting Choice: An Essay On The Debate Over Changing Gender Norms, Nicole B. Porter

Faculty Publications

This Essay is the third piece of my project to resolve what I call the "caregiver conundrum" for working caregivers. I define the "caregiver conundrum" broadly, to include all of the workplace norms, rules and practices that make it difficult for working caregivers to successfully balance work and family.

In conceptualizing my ideas, I realized that one of the critiques of my proposal would be that it does nothing to change the gender norms, or stated another way, it accepts the gendered division of work and family with which most people live. I do nothing to get women to do …

Synergistic Solutions: An Integrated Approach To Solving The Caregiver Conundrum For "Real" Workers, Nicole B. Porter

Faculty Publications

This Article is the second part of a project aimed at ending caregiver discrimination for all workers who are struggling to balance work and family. The first part of the project argued that the communitarian theory supports the broad reform envisioned, and this piece articulates that vision. This reform project utilizes a synergy of solutions, taking a comprehensive and creative approach to ending the caregiver conundrum for all working caregivers. The proposal includes the use of various statutory provisions that work together to avoid some of the deficiencies created by other proposals. Specifically, the proposal attempts to address the three …

Why Care About Caregivers? Using Communitarian Theory To Justify Protection Of "Real" Workers, Nicole B. Porter

Faculty Publications

What is the caregiver conundrum? Simply put, it is the difficulty caregivers face when trying to balance their caregiving responsibilities with their work responsibilities. Caregivers face conflicts both at home and at work when work responsibilities clash with responsibilities at home. In many cases, these conflicts create serious hardships on the caregivers and their loved ones.

Finding a solution to this pressing problem is puzzling because courts and scholars disagree on the scope of the problem. Thus far, courts only protect employees who experience caregiver discrimination because the employer incorrectly assumes the employee will not meet the workplace requirements. In …

The Perfect Compromise: Bridging The Gap Between At-Will Employment And Just Cause, Nicole B. Porter

Faculty Publications

The debate [between the at-will employment rule and termination for just cause] has been raging for years, but it is not the primary purpose of this Article to rehash the debate over the value of employment at-will. Instead of taking sides, I find fault with both at-will employment and the just cause standard. Accordingly, the main purpose of this Article is to provide the perfect compromise between at-will employment and the just cause standard.

Under this proposed statute (which I have named the "Employment Termination Equity Act (ETEA)"), employers would be free to terminate without the burden of proving just …

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.