Kristin M. Malone

90 Texas L. Rev. 1307

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Ms. Kristin Malone asserts that the goal of the Family Medical Leave Act, producing a workforce that does not discriminate against women on the basis of presumed obligations to private-sphere responsibilities, has not been achieved in the two decades since it was passed.  Malone argues that the FMLA’s gender-neutrality, while created in an attempt to manufacture equality, entrenches gender differences by recreating and validating social and market incentives for women to shoulder the burden of family responsibilities.  Malone analyzes the legislative history and practical effects of the FMLA and concludes that financial incentives are necessary to reach the objectives of the FMLA when it was passed.  She proposes structural reform coupled with tax incentives for employers in order to vindicate the normative aims of the act.