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78 N.C. L. Rev. 707 (1999-2000)
Family Leave and the Gender Wage Gap

handle is hein.journals/nclr78 and id is 721 raw text is: FAMILY LEAVE AND THE GENDER WAGE GAP MICHAEL SELMI* In this Article, Professor Selmi argues that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men so that their labor force patterns become more similar to women's. Professor Selmi begins the Article by analyzing the latest data and concludes that the gender pay gap reflects women's actual labor market behavior as well as employers' exaggerated responses to the expectation that women will leave the labor force to have and to raise children. Breaking up these patterns, he contends, will require developing better, and different, family leave legislation. Through an analysis of the existing legislation, Professor Selmi demonstrates that the Family and Medical Leave Act falls far short of providing the kind of relief that might improve gender inequality. He concludes the Article by proposing that the leave law be amended with an eye on equality, specifically by creating a contract set-aside program to reward employers for establishing generous leave policies that succeed in getting men to take more parental leave. INTRODUCrION ....................................................................................... 708 I. UNDERSTANDING THE GENDER WAGE GAP .......................... 714 A. The Human Capital Explanation ......................................... 718 1. Education, Experience, and Training ........................... 719 2. The Question of Hours ................................................... 723 3. Marriage, Children, and Housework ............................ 725 4. Women's Labor Force Attachment .............................. 730 B. The Issue of Choice ............................................................... 736 * Professor of Law, George Washington University Law School. Earlier versions of this Article were presented at the 1999 Law and Society Conference, at Villanova Law School, and at a faculty workshop at George Washington University Law School. I am grateful for the comments I received at those presentations, as well as for helpful comments on prior drafts from Naomi Calm, Charlie Craver, Catherine Fisk, Rick Geddes, Larry Mitchell, Wendy Parker, Jonathan Walker, Joan Williams, and Larry Zelenak. Eun-gyoung Shin provided excellent research assistance, and Leslie Lee contributed tremendously with her indefatigable library assistance. During the writing of this Article my daughter Fiona was born, and this is for her with the hope that hers will be a more equal world.

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