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Full-Text Articles in Law
Making Sure Pregnancy Works: Accommodation Claims After Young V. United Parcel Service, Inc., Joanna L. Grossman
Making Sure Pregnancy Works: Accommodation Claims After Young V. United Parcel Service, Inc., Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The Supreme Court’s 2015 ruling in Young v. United Parcel Service, Inc. outlined a new analytical framework for Pregnancy Discrimination Act (PDA) claims that challenge employers’ failure to “accommodate” pregnant workers. That framework was intended to lessen the evidentiary burden on plaintiff-employees in showing that others “similar in their ability or inability to work” were accommodated and to increase the burden on defendant-employers in justifying such differential treatment. In the five years since Young, however, lower courts have been inconsistent in their application of this mandate. In this Article, we survey the precedent that set the stage for Young, …
(Un)Common Law And The Female Body, Lolita Buckner Inniss
(Un)Common Law And The Female Body, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …