"Caregivers in the Courtroom: The Growing Trend of Family Responsibilit" by Joan C. Williams and Stephanie Bornstein

Article Title

Caregivers in the Courtroom: The Growing Trend of Family Responsibilities Discrimination

Authors

Joan C. Williams, Distinguished Professor of Law and Director, Center for WorkLife Law, University of California, Hastings College of the Law.
Stephanie Bornstein, Visiting Professor, Clayman Institute For Gender Research, Stanford University.

Abstract

This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.

This paper has been withdrawn.

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