Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights

Law & Society Review, Vol. 39, p. 11, 2005

40 Pages Posted: 14 Nov 2010

See all articles by Catherine Albiston

Catherine Albiston

University of California, Berkeley - School of Law; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: January 1, 2005

Abstract

The Family and Medical Leave Act requires employers to provide job-protected leave, but little is known about how these leave rights operate in practice or how they interact with other normative systems to construct the meaning of leave. Drawing on interviews with workers who negotiated contested leaves, this study examines how social institutions influence workplace mobilization of these rights. I find that leave rights remain embedded within institutionalized conceptions of work, gender, and disability that shape workers’ perceptions, preferences, and choices about mobilizing their rights. I also find, however, that workers can draw on law as a culture discourse to challenge these assumptions, to build coalitions, and to renegotiate the meaning of leave.

Keywords: FMLA, social change, rights mobilization, work/family, employment discrimination

Suggested Citation

Albiston, Catherine, Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights (January 1, 2005). Law & Society Review, Vol. 39, p. 11, 2005. Available at SSRN: https://ssrn.com/abstract=1708262

Catherine Albiston (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
29
Abstract Views
368
PlumX Metrics