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whih arosec in the late eigheenth cntai , is secerly    outdated  oday: The ret I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. Adą: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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