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Full-Text Articles in Law
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole
Pepperdine Law Review
No abstract provided.
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Pepperdine Law Review
This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …
Discrimination Against Mothers Is The Strongest Form Of Workplace Gender Discrimination: Lessons From Us Caregiver Discrimination Law, Stephanie Bornstein, Joan C. Williams, Genevieve R. Painter
Discrimination Against Mothers Is The Strongest Form Of Workplace Gender Discrimination: Lessons From Us Caregiver Discrimination Law, Stephanie Bornstein, Joan C. Williams, Genevieve R. Painter
UF Law Faculty Publications
Work-family reconciliation is an integral part of labor law as the result of two major demographic changes: the rise of the two-earner family, and the pressing concern of elder care as Baby Boomers age. Despite these changes, most European and American workplaces still assume that the committed worker has a family life secured so that family responsibilities do not distract from work obligations. This way of organizing employment around a breadwinner husband and a caregiver housewife, which arose in the late eighteenth century, is severely outdated today. The result is workplace-workforce mismatch: Many employers still have workplaces perfectly designed for …
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
UF Law Faculty Publications
This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …