Bridging the Work/Family Divide: Implications of a Broader Sex Discrimination Analysis for Men's Work/Family Issues
67 Fla. L. Rev. Forum 118 (2016)
9 Pages Posted: 15 Feb 2017
Date Written: 2016
While much of the commentary on Obergefell focuses on family law and constitutional law implications, less has been considered about its implications for other gay rights issues, particularly for longstanding employment discrimination patterns. Keith Cunningham-Parmeter argues in a recent article, Marriage Equality, Workplace Inequality: The Next Gay Rights Battle that Obergefell has little to offer this issue, or other gay rights issues, due to the failure of the opinion to address the nature of GLBT discrimination and decide the level of scrutiny it requires based on such analysis. Cunningham-Parmeter argues that the future lies in asserting those unanswered legal issues by arguing that sexual orientation discrimination is sex discrimination under Title VII. In this commentary on Cunningham-Parmeter’s analysis, I explore the implications of his argument for work-family issues, particularly for men’s work-family issues. Masculinities analysis suggests that a breakdown of masculine norms suggested by a strong assertion of anti-stereotyping claims could be a way in to undermining the workplace cultural barriers to their greater engagement in family care.
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