Tuesday, January 16, 2007

Kessler on Keeping Discrimination Theory Front and Center

Kessler_1 Laura Kessler (Utah) has placed on SSRN her new piece in the Pepperdine Law Review entitled:  Keeping Discrimination Theory Front and Center in the Discourse over Work and Family Conflict.

Here's the abstract:

This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination in the context of work/family conflict - such the “accident,” “opt-out,” “time-lag” theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender bias and work/family conflict into distinct categories of employment discrimination.

An important contribution to the continuing debate over workplace flexibility issues. Looking forward to reading this piece in more detail.



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