January 30, 2020

The Rhetoric of Choice Obscures Our Social Obligations to Parents

The concept of "choice" is one that has significant effect on many core issues US politics and economics, whether it's abortion, education, or childcare. As Claire Cain Miller pointed out recently in a piece for the New York Times's Upshot, choice appeals to deeply rooted American values, such as individualism and liberty. But the rhetoric of "choice" obscures structural obligations and inequalities that narrow, limit, and in many cases preclude Americans' ability to make positive choices.

Miller's article deals specifically with parenting and how it collides with other obligations people face. In the '80s, a greater number of middle class women entered the workforce in response to economic and social changes in the US. These changes included slowing manufacturing sectors, a significant uptick in college education, and changing concepts of family structure. Miller notes  that these changes raised questions about how to deal with the increased conflict between social reproduction, i.e. raising a family, and the economic obligations of paying the bills in a more precarious and expensive world. Specifically, the question was who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual?

In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities. No strong federal parental leave laws on the books leaves no "choice" at all for a new mother or parents. Without universal preschool or childcare options, they can leave work and hope a single income is enough to get by until kindergarten; hardly an option for single mothers. Moreover, studies have shown that leaving the workforce to perform childcare is a leading explanation for the gender wage gap. 

What would a real choice mean in this context. Actually, it would mean not having to choose between being a parent and working. Instead it would mean ensuring that parents could take paid parental leave and be assured that when they returned to the workforce they would not be penalized for it. It would mean appropriately compensating childcare workers. It would mean providing parents with real workplace protections and requiring parental access to care facilities at work. 

Berke-Weiss Law PLLC Releases Training Video Focused on Family and Medical Leave

March 22, 2021
Paid Family Leave
If you need to brush up on FMLA and other questions pertaining to leave, including how FMLA works with New York State Paid Family Leave, we have a new training video from an event with Park Slope Parents that provides answers to many issues about family and medical leave and what you need to know.

Is the Third Stimulus the Beginning of a Guaranteed Family Income?

March 11, 2021
Gender Discrimination
Tucked into 2021’s $1.9 trillion stimulus package is a provision that could have life-changing effects for families with children: an expansion and reworking of the child tax credit. Championed solo for nearly two decades by Representative Rosa DeLauro of Connecticut, the idea to expand the child tax credit has gained a new lease on life and more admirers as the pandemic and lockdowns have had a deleterious impact on families and children.

“She-cession” Global, Not Local

March 10, 2021
Gender Discrimination
Whether it is increasing the number of hours spent working, picking up the slack in domestic life, being forced to quit to take care of children or other family, or leaving the job market entirely, women in the US have taken the brunt of the pandemic’s resulting economic crisis, so much so that it has been dubbed the first “she-cession.” The Financial Times has released a survey demonstrating that this is an issue for women internationally, not just in the United States.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.