Abstract
This Article advocates what I call an organizational justice approach to equal employment quality, consisting of a set of judicially enforceable private due process rights designed to enhance worker voice and provide incentives for voluntary employer accommodation of caregiving. In so doing, it joins the work of a number of advocates and scholars who have called for greater legal protection for working caregivers. These thinkers have made significant strides both in focusing the discussion toward issues of long-term success and employment quality and in theorizing normative and doctrinal bases for holding employers responsible for the status of caregivers. To date, however, their proposals for effecting greater inclusion of working caregivers have fallen along familiar lines. Some seek mandated accommodation of workers' caregiving needs beyond the limited, unpaid leave currently available under the Family Medical Leave Act (the "FMLA). Others urge expanded notions of liability and intent under Title VII's prohibition against gender and pregnancy discrimination.9 In this way, the current discussion has proceeded under an assumption, common to both accommodation and equality-based initiatives, that the problem of caregiver exclusion is one of inadequate substantive rights for working caregivers vis-a-vis their employers.
Recommended Citation
Arnow-Richman, Rachel
(2007)
"Public Law and Private Process: Toward an Incentivized Organizational Justice Model of Equal Employment Quality for Caregivers,"
Utah Law Review: Vol. 2007:
No.
1, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol2007/iss1/2