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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 …