42 Pages Posted: 22 Jul 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.
Keywords: employment discrimination, family
JEL Classification: J70, J71
Suggested Citation: Suggested Citation
Kramer, Zachary A., After Work. California Law Review, Vol. 95, No. 2, 2007. Available at SSRN: https://ssrn.com/abstract=1001787