Men at Work, Fathers at Home: Uncovering the Masculine Face of Caregiver Discrimination

Keith Cunningham-Parmeter

Despite their many workplace advances, women remain constrained by an enduring social expectation that they will manage their families’ domestic lives. Women will not achieve full workplace equality until men do more at home, and men will not enter the domestic sphere if they face employment retaliation for doing so. Men at Work, Fathers at Home addresses this problem by critically evaluating the legal challenges that fathers and other male caregivers face in proving claims of workplace discrimination. Drawing from Supreme Court precedent and gender theory, the Article explains how masculine norms deter men from asserting their caregiving needs at work, while undermining their ability to prosecute discrimination claims in court. By examining how these men can combat biases against male caregiving, the Article seeks to advance the goal of gender equality for both sexes.

Going Offshore: Horseplay, Normalization and Sexual Harassment

Chris Diffee

On November 7 or 8, Oncale was present when a new galleyhand complained to the Chevron company representative in charge of the Chevron platform about Pippen kissing that galleyhand and Lyons telling that galleyhand that Lyons “loved him” and wanted to “fuck him in his butt.” During a safety meeting the next morning, the Chevron company representative told Lyons and Pippen “not to mess with the galleyhand anymore,” explaining that the galleyhand was “new” and ““green to the field” and that the galleyhand “didn’t know how it was offshore.” Brief for Respondents, Oncale v. Sundowner Offshore Srvs., Inc., 523 U.S. 75 (1998) (No. 96-568), 1997 WL 634147, at *3.

Embryo Disposition, Divorce & Family Law Contracting: A Model for Enforceability

Deborah L. Forman

Courts, legislatures, and scholars have struggled with how to resolve disputes between progenitors of cryopreserved embryos in the event of divorce. This Article considers whether contracts entered into by the couple regarding disposition prior to divorce should be enforced and, if so, under what circumstances. The Article answers this question by taking a multidisciplinary perspective, incorporating insights from the social science literature, and by situating embryo disposition contracts in the broader context of other family law contracts, including donor, surrogate, co-parenting, premarital and postmarital contracts, with special consideration of the gender issues embedded in these approaches. The Article argues that existing treatment of these various family law contracts lends ample support for finding embryo disposition contracts enforceable, but also demands that embryo disposition contracts satisfy certain procedural protections to ensure careful consideration and thorough understanding of the complexities of the issue by the parties.