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, Question 2 (2000), https://gov/policy/docs/(A medical examination is a procedure or test that seeks information about an individuals physical or mental impairments or health.) (emphasis added).

The employer states that Simones supervisor, Alex, compared Simone with two other reporters in the same department to determine whom to lay off. (1995),https://gov/policy/docs/(discussing questions that arise under Title VII and the ADA when the FMLA also applies). In 1970, 43% of women were in the labor force while 59% of women were in the labor force in 2005. LONNAE ONEAL PARKER, IM EVERY WOMAN: REMIXED STORIES OF MARRIAGE, MOTHERHOOD AND WORK 29 (2005). note 24, at 23 (discussing case presented to arbitrator where employee with nine years of service was discharged for absenteeism when she left work after receiving a phone call that her four-year-old daughter had fallen and was being taken to the emergency room). A copy of the Commissions 1995 fact-finding report is available at For example, results of internal employee surveys as reported by Eli Lilly revealed that employees with the most flexibility and control over their hours reported more job satisfaction, greater sense of control, and less intention to leave than those on other schedules. While federal law does not prohibit discrimination based on parental status, some state and local laws do prohibit discrimination based on parental or similar status. (prohibiting employment discrimination based on parenthood); D. BUREAU OF LABOR STATISTICS, DEPT OF LABOR, WOMEN IN THE LABOR FORCE: A DATABOOK 1 (2006) [hereinafter DATABOOK], The shift in womens work participation is not simply about women wanting to work, but it is also about their families needing them to work.). note 2, Table 5 (in 2005, 68% of African American women with children under the age of 3 were in the workforce compared with 58% of White women, 53% of Asian American women, and 45% of Hispanic women). GOOD FOR BUSINESS: MAKING FULL USE OF THE NATIONS HUMAN CAPITAL, Washington, D. CORPORATE VOICES FOR WORKING FAMILIES, BUSINESS IMPACTS OF FLEXIBILITY: AN IMPERATIVEFOREXPANSION(2005)13, 13, 2004) (evidence of more favorable treatment of working fathers is not needed to show sex discrimination against working mothers where an employers objection to an employees parental duties is actually a veiled assertion that mothers, because they are women, are insufficiently devoted to work, or that work and motherhood are incompatible); , 383 F.3d at 583 (reasonable jury could have concluded that the plaintiffs supervisor did not recommend her for a promotion because he assumed that, as a working mother, the plaintiff would not accept a promotion that would require her to move because of its disruptive effect on her children). Alex said that he considered Simones work satisfactory, but that she lacked the unique talents that Jocelyn and Louis brought to the department. REFORM 371, 378-80 (2001) (discussing womens continued role as primary caregivers in our society and citing studies). FOR WORK & FAMILY, EXECUTIVE BRIEFING SERIES, EXPLORING THE COMPLEXITIES OF EXCEPTIONAL CAREGIVING (2006) (contact the Center to order copies of the Executive Briefing Series, 617-552-2865 or [email protected]). FOR WOMEN POLICY STUDIES, DEFINING WORK AND FAMILY ISSUES: LISTENING TO THE VOICES OF WOMEN OF COLOR 4 (1994) (citing other sources). While the Commission agrees that the plaintiff raised no inference of sex discrimination, it believes that cases should be resolved on the totality of the evidence and concurs with , 217 F.3d 46, 55 (1st Cir. at 678 (reasonable factfinder could conclude that the decreasing number of women in the corporate department was caused by sex discrimination where tension between female associates and the employer regarding the maternity leave policy contributed to the high separation rate of pregnant women and mothers). Some courts and commentators have used the term sex plus to describe cases in which the employer discriminates against a subclass of women or men, i.e., sex plus another characteristic, such as caregiving or marriage. Because the investigation does not reveal that the reasons provided by Alex are a pretext for sex discrimination, the investigator does not find that Simone was subjected to sex discrimination. CODE 2-1402.11 (prohibiting employment discrimination based on family responsibilities). BUREAU OF LABOR STATISTICS, DEPT OF LABOR, AMERICAN TIME-USE SURVEY (2006), Table 8, 2005, in households with children under 6, working women spent an average of 2.17 hours per day providing care for household members compared with 1.31 hours for working men; in households with children 6 to 17, working women spent an average of .99 hours per day providing care for household members compared with .50 for working men). For example, by 1900, 26% of married African American women were wage earners, compared with 3.2% of their White counterparts. More recently, in 1970, more than 70% of married African American middle-class women and nearly 45% of married African American working-class women were in the labor force compared with 48% and 32%, respectively, of their White counterparts. LAWSUITS CHARGING DISCRIMINATION AGAINSTWORKERSWITHFAMILYRESPONSIBILITIES(2005), rise in lawsuits alleging discrimination against caregivers). While the weekly median earnings for Asian American women, 5, exceed the earnings of White women, id., the earnings of Asian American women vary widely depending on national origin. The Glass Ceiling Commission was established under the Civil Rights Act of 1991 to complete a study of the barriers to advancement faced by women and minorities. at 731 (in an FMLA claim brought by a male worker who was denied leave to care for his ailing wife, the Court noted that states administration of leave benefits has fostered the pervasive sex-role stereotype that caring for family members is womens work). 1999) (concept of stereotyping includes not only simple beliefs such as women are not aggressive but also a host of more subtle cognitive phenomena which can skew perceptions and judgments). 2000) (comments by decisionmakers reflecting concern that the plaintiff might not be able to balance work and family responsibilities after she had a second child could lead a jury to conclude that the plaintiff was fired because of sex). However, after her late arrival, Barbaras boss, Susan, severely criticized her for the incident and informed her that she needed to start keeping a daily log of her activities. 252, 260-61 (1986) (finding that [f]or women, part-time employment is generally associated with substantial domestic obligations, and female part-time employees are consequently perceived as similar to homemakers).