United States V. Virginia's New Gender Equal Protection Analysis with Ramifications for Pregnancy, Parenting, and Title VII

76 Pages Posted: 13 Nov 2013

See all articles by Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

American University, Washington College of Law

Abstract

Professor Kovacic-Fleischer summarizes a theory based on United States v. Virginia, California Savings & Loan Assoc.v. Guerra, and Newport News Shipbuilding & Dry Dock Co. v. EEOC that she described in an earlier article. [cite] The theory concludes that when women, and not men, have to choose between having a child and having a job, women are discriminated against because of their sex. As a result, employers need to make adjustments for women with children. Employers then need to extend the adjustments to men with children to avoid discrimination against men.

The article describes numerous Title VII cases decided adversely, and often hostilely, to parents and discusses how the cases could have been decided differently. It also discusses the few lower court cases that have ruled favorably to parents’ concerns, thus recognizing the logic of treating men and women in the biological context of their lives.

Keywords: Sex discrimination, discrimination against mothers, discrimination against fathers, parental discrimination, United States v. Virginia, California Savings & Loan Assoc.v. Guerra, Newport News Shipbuilding & Dry Dock Co. v. EEOC, Title VII, Pregnancy Discrimination Act, breast feeding

Suggested Citation

Kovacic-Fleischer, Candace, United States V. Virginia's New Gender Equal Protection Analysis with Ramifications for Pregnancy, Parenting, and Title VII. Vanderbilt Law Review, Vol. 50, No. 845, 1997, Available at SSRN: https://ssrn.com/abstract=2353006

Candace Kovacic-Fleischer (Contact Author)

American University, Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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