Zachary A. Kramer
Arizona State University - Sandra Day O'Connor College of Law
California Law Review, Vol. 95, No. 2, 2007
Employment discrimination scholarship tends to assume that the harms of employment discrimination are not borne beyond the walls of the workplace. This is a mistake. In this paper, I argue that employment discrimination harms employees' families. The centerpiece of my argument is a novel framework for conceptualizing the family harms of employment discrimination, which I call exporting. Exporting refers to the ways in which employees take their work out of the workplace and into their private lives (and vice versa). By approaching the work/family relationship from the perspective of exporting, I am able to develop an account of how employees take the effects of discrimination home with them after work. In addition, I show that existing employment discrimination doctrine - in particular the remedial provisions of Title VII - can and should capture family harms.
Number of Pages in PDF File: 42
Keywords: employment discrimination, family
JEL Classification: J70, J71
Date posted: July 22, 2007