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28 Int'l J. Comp. Lab. L. & Indus. Rel. 45 (2012)
Discrimination against Mothers is the Strongest Form of Workplace Gender Discrimination: Lessons from US Caregiver Discrimination Law

handle is hein.kluwer/cllir0028 and id is 49 raw text is: 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' '4@k-fa;ily recociliatin is an iutepal pair oJ labour law as the reult of two denwgraphic chanes. The frst i the rise of theL tw~o-e ner faily. TheL scond i that, s Biby Boomecrs a~e, carin ,for elders has becomet a pressinQ, concr ufor mnic as well as won. Despite these chanTge~s, most European amd 4Americain u'oikpl ices still assume tha t the comiwttedI u'orier has a family l[' secured so that Janily responsibilities do not distrat him frome work obk{ ations. This~ way of oiganizin etmployment iround bi bieduinner hiusb d and acaregiv'er hiouseu'ik whih arosec in the late eigheenth cntai , is secerly outdated oday: The ret I workplace-wo~kforce mismatch: Mlany employers still hare wo~kta cs peyectly dcsip'itdJf~ the ruoikfobrce of 1 960. Labour law yers iu both Europe arnd the United States har:e deleoped letha/ stmt~ies to reduce the woik-fizmily conicits that aise i iom this~ mismatch. Yet thet kc~a1 strategies de ,loped iu Europe arc djjerenr Jfi those used iu the United States. The Europeaus' focus is ou public poliqj; based on a Europeain politicali ti dition of conwwnal socia1 suppor ts a ti idition tile United .States Iacks. Ad¢:ocates iu the LUited States, faced with the most family-hostile public policy iu the de ,elopud world, hare dewloped letha/ emedies based on the American political t adi tion ofindi vidu ilis m, us ing anti-discrim ination lau. to eliminate employmeL iscr~iimination against miothers arnd other adults with ca~ihiing responsibilities This article explores both the social scnce docHumenting that motherhiood is the stio nest ti (er fr gtnder bia i i the work place arnd the American cases addressingt anidy' responsibilities discrimiation' (FRD). Key~ords.: floik -fimily reconciliation, gender stereotypin2, sex discimiinaitions, 1libor 1aw workplace-workJorce mismiatch, miatrn al wa/I discr iminton. 1 INTRODUCTION In our modern economy, work-amily reconciliation is now recognized as an integral part of labour law. The issue of how workers can reconcile their work responsibilities with their family obligations has become central because of twvo maajor demographic changes. First, the wvaning of the traditional breadwinner/ Stephanie Bornustein is aVisiting Assista~nt Professor of Law'v, Univer sitW of Califori a, Hastings College of the Law. Joan C. XWillms is a Distinguished Professor of Law and 1066 Fotndation Chai, University of Caliiornia, 1-astings College of the Law. Genevieve RK. Painter, B.C.1. IL.B, is a PhD student in Juisprudence an~d Social Policy at the University of Caifornia, Berkeley. Bornstein, Stephanme, XWillia ms, Joan C. & Painter, Genevieve RK. 'Discrimination against Mothers Is the Strongest Form of Workplace Gender Discirnnation: Lessons fr US Caregixer Discrimiation Law'. The lm rionitlounial of Coi parative Labour L iw and Industrial Relations 28, no. 1 (201 2): 45-62. ( 2012 Kluwxer Law International B\, The Nethelands

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