{"title":"Compliance or Complaints? The Impact of Private Enforceability of Lactation Break Time and Space Laws","authors":"Liz Morris, Jessica Lee","doi":"10.2139/ssrn.3864250","DOIUrl":"https://doi.org/10.2139/ssrn.3864250","url":null,"abstract":"The Break Time for Nursing Mothers requirement has been federal law for over a decade, requiring employers to provide reasonable break time and private space to employees for expressing breast milk. However, non-compliance remains a problem, driven in large part by the lack of enforcement incentive to become educated about and follow the law. Legislation to remedy the enforcement gap in existing law is pending. This report examines an important question policymakers consider when assessing attempts to reform the law: whether and to what extent adding a private enforcement mechanism to a lactation break time and space law impacts litigation rates.<br><br>We conducted an in-depth review of lawsuits filed against employers in the four jurisdictions with privately enforceable break time and space laws to examine the likelihood that employers will be sued. Our research identified only 6 lawsuits filed against employers in the jurisdictions over the combined 47 years that the laws have been in effect. All of the lawsuits were brought by employees alleging actual economic damages, typically job loss. Given the small number of cases, the annual likelihood a private company will be sued under an enforceable lactation break time and space law is essentially zero (0.0002%). <br><br>WorkLife Law’s data show that allowing employees to enforce lactation break time and space laws in court does not lead to a meaningful increase in litigation.","PeriodicalId":330006,"journal":{"name":"LSN: Legislation (Private Law - Discrimination) (Sub-Topic)","volume":"1020 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113988292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Falling Between the Cracks: Discrimination Laws and Older Women","authors":"J. McLaughlin","doi":"10.2139/ssrn.3219278","DOIUrl":"https://doi.org/10.2139/ssrn.3219278","url":null,"abstract":"Theories and evidence suggest that older women may experience unique discrimination for being both old and female in the workplace. To provide a remedy for this type of discrimination — known as intersectional discrimination — legal scholars argue that age and sex discrimination laws must be used jointly and acknowledge intersectional discrimination (age‐plus‐sex or sex‐plus‐age discrimination) as a separate cause of action. Nonetheless, in general, courts have declined to do so even though older women are protected under both age and sex discrimination laws. This raises a concern that age discrimination laws may be ineffective, or less effective in protecting older women. I test this implication by estimating the differential effect of age discrimination laws on labor market outcomes between older women and older men. My findings show that age discrimination laws did far less to improve labor market outcomes for older women than for older men. These results may explain the persistent findings of discrimination against older women in the existing literature and support the legal scholars' argument that older women's intersectional discrimination must be recognized as a separate cause of action.","PeriodicalId":330006,"journal":{"name":"LSN: Legislation (Private Law - Discrimination) (Sub-Topic)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127904725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Some Thoughts on Toilets, Transgenders, and the LGBT 'Community'","authors":"Robert W. McGee","doi":"10.2139/SSRN.2763663","DOIUrl":"https://doi.org/10.2139/SSRN.2763663","url":null,"abstract":"The North Carolina legislature passed a law that prohibits transgender individuals from using certain public toilets. The legislation has been controversial. Some entertainers have stated they will not hold concerts in North Carolina until the law is repealed. Some corporations have been critical of the law, and at least one corporation has decided not to open a facility in North Carolina because of the law. This article examines the issue of the use of public toilets by transgenders and applies logic and ethical theory to arrive at a resolution of the problem that does not involve the violation of anyone’s rights.","PeriodicalId":330006,"journal":{"name":"LSN: Legislation (Private Law - Discrimination) (Sub-Topic)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117314794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Disability, Rehabilitation and the Status of Worker in EU Law: Fenoll","authors":"M. Bell","doi":"10.54648/cola2016008","DOIUrl":"https://doi.org/10.54648/cola2016008","url":null,"abstract":"This article examines the decision of the Court of Justice in Case C-316/13, Gerard Fenoll. The Court concluded that a person with an intellectual disability admitted to a work rehabilitation centre could be a worker for the purposes of both the Working Time Directive and the EU Charter of Fundamental Rights. This is a significant decision that, on the whole, favours inclusion and recognition of work performed by those with intellectual disabilities.","PeriodicalId":330006,"journal":{"name":"LSN: Legislation (Private Law - Discrimination) (Sub-Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120954293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}