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chief
justice
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native
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principle
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sovereignty
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also
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words
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many
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relatively
recently
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opinions
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bradwell
state
wall
illinois
goesaert
cleary
michigan
upheld
state
laws
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tending
bar
respectively
state
laws
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women
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terms
conditions
benefits
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oregon
example
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state
law
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time
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home
family
life
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florida
proper
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woman
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functions
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merely
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race
justif
ies
legislation
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well
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man
muller
supra
decision
reed
reed
remained
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doctrine
government
federal
state
withhold
women
opportunities
accorded
men
long
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virginia
supra
quoting
goesaert
supra
congress
responded
history
discrimination
abrogating
sovereign
immunity
title
vii
civil
rights
act
stat
sustained
abrogation
fitzpatrick
supra
state
gender
discrimination
cease
hardly
doubted
women
still
face
pervasive
although
times
subtle
discrimination
job
market
frontiero
richardson
according
evidence
congress
enacted
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continue
rely
invalid
gender
stereotypes
employment
context
specifically
administration
leave
benefits
reliance
stereotypes
justify
gender
discrimination
area
virginia
supra
long
extensive
history
sex
discrimination
prompted
us
hold
measures
differentiate
basis
gender
warrant
heightened
scrutiny
fitzpatrick
persistence
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bureau
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rare
even
leave
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men
public
private
sectors
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notoriously
discriminatory
treatment
requests
leave
washington
council
lawyers
emphasis
added
many
offered
women
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maternity
leave
far
exceeded
typical
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physical
disability
due
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men
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state
laws
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leave
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supervisors
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treatment
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pp
testimony
supported
conclusion
explaining
lack
uniform
parental
medical
leave
policies
work
place
created
environment
sex
discrimination
rampant
senate
labor
hearings
pt
testimony
peggy
montes
mayor
commission
women
affairs
city
chicago
spite
evidence
justice
kennedy
argues
dissent
congress
passage
fmla
unnecessary
appear
ahead
congress
providing
family
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post
points
nevada
leave
policies
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ince
federal
family
leave
legislation
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introduced
even
begun
consider
similar
family
leave
initiatives
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also
minority
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durenberger
elected
enact
similar
legislation
state
level
furthermore
dissent
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post
glosses
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women
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massachusetts
required
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post
dissent
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sum
record
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leave
benefits
weighty
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justify
enactment
prophylactic
reached
opposite
conclusion
garrett
kimel
cases
legislation
review
responded
purported
tendency
state
officials
make
distinctions
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protection
case
law
discrimination
basis
characteristics
judged
heightened
review
standard
passes
muster
rational
basis
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even
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valid
majority
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kimel
see
also
garrett
required
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amendment
make
special
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long
actions
toward
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rational
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order
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state
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elderly
congress
must
identify
existence
state
decisions
widespread
pattern
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reliance
criteria
kimel
supra
found
showing
respect
adea
title
americans
disabilities
act
ada
kimel
supra
garrett
supra
however
congress
directed
attention
state
gender
discrimination
triggers
heightened
level
scrutiny
see
craig
upheld
voting
rights
act
racial
classifications
presumptively
invalid
acts
race
discrimination
violated
fourteenth
amendment
impact
discrimination
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fmla
significant
congress
determined
historically
denial
curtailment
women
employment
opportunities
traceable
directly
pervasive
presumption
women
mothers
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workers
second
prevailing
ideology
women
roles
turn
justified
discrimination
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mothers
joint
hearing
stereotypes
women
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roles
reinforced
parallel
stereotypes
presuming
lack
domestic
responsibilities
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employers
continued
regard
family
woman
domain
often
denied
men
similar
accommodations
discouraged
taking
leave
mutually
reinforcing
stereotypes
created
cycle
discrimination
forced
women
continue
assume
role
primary
family
caregiver
fostered
employers
stereotypical
views
women
commitment
work
value
employees
perceptions
turn
congress
reasoned
lead
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discrimination
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difficult
detect
basis
believe
congress
chosen
remedy
leave
provision
fmla
congruent
proportional
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violation
garrett
supra
congress
already
tried
unsuccessfully
address
problem
title
vii
amendment
title
vii
pregnancy
discrimination
act
katzenbach
supra
congress
confronted
difficult
intractable
proble
kimel
supra
previous
legislative
attempts
failed
see
katzenbach
supra
upholding
voting
rights
act
problems
may
justify
added
prophylactic
measures
response
kimel
supra
creating
routine
employment
benefit
eligible
employees
congress
sought
ensure
leave
longer
stigmatized
inordinate
drain
workplace
caused
female
employees
employers
evade
leave
obligations
simply
hiring
men
setting
minimum
standard
family
leave
eligible
employees
irrespective
gender
fmla
attacks
formerly
stereotype
women
responsible
family
caregiving
thereby
reducing
employers
incentives
engage
discrimination
basing
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decisions
stereotypes
dissent
characterizes
fmla
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entitlement
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floor
weeks
leave
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leave
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congress
exercising
power
simply
proscribe
discrimination
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recognition
congress
confined
enactment
legislation
merely
parrots
precise
wording
fourteenth
amendment
may
prohibit
somewhat
broader
swath
conduct
including
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amendment
text
kimel
supra
example
upheld
certain
prophylactic
provisions
voting
rights
act
valid
exercises
congress
power
including
literacy
test
ban
preclearance
requirements
changes
voting
procedures
see
katzenbach
morgan
oregon
mitchell
south
carolina
katzenbach
supra
indeed
light
evidence
congress
statute
mirroring
title
vii
simply
mandated
gender
equality
administration
leave
benefits
achieved
congress
remedial
object
law
allow
provide
family
leave
nonprofessional
caregivers
older
chronically
ill
disabled
persons
working
women
pt
state
practices
continue
reinforce
stereotype
women
caregivers
policy
exclude
far
women
men
workplace
unlike
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issue
city
boerne
kimel
garrett
applied
broadly
every
aspect
state
employers
operations
fmla
narrowly
targeted
fault
line
work
family
precisely
overgeneralization
remains
strongest
affects
one
aspect
employment
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compare
ragsdale
wolverine
world
wide
discussing
important
limitations
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city
boerne
weeping
coverage
religious
freedom
restoration
act
kimel
indiscriminate
scope
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substantive
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ada
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city
boerne
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judgment
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et
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william
hibbs
et
al
writ
certiorari
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bitzer
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unquestionably
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employment
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stevens
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kennedy
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rome
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city
rome
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oklahoma
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morrison
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entail
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dissenting
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medical
leave
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congressional
intent
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amendment
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sovereign
immunity
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suits
money
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courts
ante
specific
question
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entitlement
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suits
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turn
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ante
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trustees
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boerne
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city
boerne
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force
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amendment
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integrity
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actions
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government
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congress
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citizens
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kimel
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provision
us
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aim
title
vii
seeks
ensure
eligible
employees
irrespective
gender
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minimum
amount
leave
time
care
ill
relative
relevant
question
seems
acknowledge
whether
notwithstanding
passage
title
vii
similar
state
legislation
continued
engage
widespread
discrimination
basis
gender
provision
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leave
benefits
ante
pattern
shown
eleventh
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bar
congress
devising
congruent
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statute
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abrogate
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leave
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relevant
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lizzi
alexander
making
finding
purpose
congress
identify
required
pattern
gender
discrimination
respect
granting
employment
leave
purpose
providing
family
medical
care
see
also
chittister
department
community
econ
notably
absent
finding
concerning
existence
much
less
prevalence
public
employment
personal
sick
leave
practices
amounted
intentional
gender
discrimination
violation
equal
protection
clause
seems
recognize
evidence
considered
congress
concerned
discriminatory
practices
private
sector
state
employers
ante
statistical
information
compiled
bureau
labor
statistics
bls
factual
findings
cites
surveyed
private
employers
ante
evidence
discrimination
private
entities
may
relevant
justify
abrogation
sovereign
immunity
garrett
supra
congress
authority
appropriately
exercised
response
state
transgressions
seeks
connect
evidence
private
discrimination
alleged
pattern
unconstitutional
behavior
inferences
drawn
two
sources
first
testimony
meryl
frank
director
infant
care
leave
project
yale
bush
center
child
development
social
policy
surveyed
private
public
employers
found
little
variation
leave
policies
two
sectors
ante
citing
parental
medical
leave
act
joint
hearing
subcommittee
relations
subcommittee
labor
standards
house
committee
education
labor
hereinafter
joint
hearing
second
view
expressed
washington
council
lawyers
even
leave
policies
exist
men
public
private
sectors
receive
notoriously
discriminatory
treatment
requests
leave
ante
quoting
joint
hearing
emphasis
added
statements
made
hearings
proposed
national
leave
legislation
preceded
act
seven
years
bill
enacted
differed
important
respect
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congress
eventually
passed
proposal
sought
provide
parenting
leave
leave
care
another
ill
family
member
compare
see
also
gladstone
congressional
research
service
issue
brief
family
medical
leave
legislation
pp
tr
oral
arg
statement
counsel
first
time
family
leave
introduced
first
time
section
authority
invoked
proposed
testimony
relies
concerned
discrimination
respect
parenting
leave
see
joint
hearing
statement
meryl
frank
yale
bush
study
evaluate
impact
changing
composition
workplace
families
infants
statement
washington
council
lawyers
first
time
childcare
responsibilities
natural
adoptive
mothers
fathers
legislatively
protected
even
isolated
testimony
support
inference
private
sector
discrimination
provision
parenting
leave
parallel
behavior
state
actors
evidence
probative
conduct
seven
years
later
respect
statutory
provision
conferring
different
benefit
appeals
admitted
much
recognize
weakness
evidence
applied
hibbs
case
bls
yale
bush
center
studies
deal
parental
leave
leave
care
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member
thus
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pattern
precisely
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reliance
evidence
suggesting
provided
men
women
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leave
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length
ante
suffers
flaw
evidence
concerns
act
grant
parenting
leave
attenuated
justify
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leave
provision
appeals
conclusion
contrary
based
assertion
discriminate
along
gender
lines
regarding
one
kind
leave
likely
regarding
charge
state
engaged
pattern
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discrimination
citizens
serious
one
must
supported
conjecture
maintains
evidence
pertaining
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leave
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leave
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respond
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stereotype
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duties
trump
workplace
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sets
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question
whether
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leave
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response
general
stereotypes
employment
ha
historically
produced
discrimination
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women
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question
whether
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alleged
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leave
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support
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next
argues
even
state
laws
policies
facially
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ante
charge
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many
guarantee
right
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leave
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pt
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study
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conclusion
examined
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leave
policies
federal
executive
branch
agencies
study
explicitly
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employees
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national
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standard
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leave
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leave
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supervisors
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employees
open
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treatment
history
discrimination
part
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government
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situations
support
inference
similar
conduct
explain
inference
justified
even
evidence
individual
state
employers
absence
clear
statutory
guidelines
discriminated
administration
leave
benefits
circumstance
alone
support
finding
pattern
discrimination
evidence
perhaps
support
charge
disparate
impact
charge
engaged
pattern
intentional
discrimination
prohibited
fourteenth
amendment
garrett
equivalence
upon
places
emphasis
deficient
rationale
even
fundamental
level
however
appear
ahead
congress
providing
family
leave
benefits
thirty
district
columbia
puerto
rico
adopted
form
leave
years
preceding
act
adoption
reports
houses
congress
noted
fact
pp
see
also
brief
state
alabama
et
al
amici
curiae
congressional
hearings
noted
provision
family
leave
issue
picked
tremendous
momentum
form
family
medical
leave
books
family
medical
leave
act
hearing
subcommittee
relations
house
committee
education
labor
statement
congresswoman
marge
roukema
congress
relied
experience
designing
national
leave
policy
parental
medical
leave
act
hearings
subcommittee
children
family
drugs
alcoholism
senate
committee
labor
human
resources
pt
pp
congress
also
acknowledged
many
implemented
leave
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pt
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leave
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family
leave
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policies
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even
correct
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proves
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feasible
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programs
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discrimination
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pioneering
role
creation
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leave
schemes
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early
efforts
may
imperfect
altogether
different
however
purposeful
discrimination
lengthy
discussion
allegedly
deficient
state
policies
falls
short
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standard
great
majority
programs
exhibit
constitutional
defect
fact
authorized
precedent
points
seven
adopted
leave
provisions
applicable
women
ibid
yet
must
acknowledge
three
schemes
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solely
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leave
ante
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code
regs
rule
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code
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west
rev
stat
ann
vi
michie
supp
cases
make
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women
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leave
men
geduldig
aiello
see
also
tr
oral
arg
counsel
conceding
geduldig
permit
practice
treats
pregnancy
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fourth
state
louisiana
disguised
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leave
scheme
permit
leave
excess
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congress
believed
medically
necessary
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ante
louisiana
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west
supp
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next
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leave
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ante
four
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leave
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ante
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regs
rule
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code
ann
west
la
rev
stat
ann
west
supp
repealed
rev
stat
ann
vi
michie
supp
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ante
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del
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tit
rev
stat
ann
michie
mo
rev
stat
lab
law
mckinney
dept
labor
women
bureau
state
leave
law
june
discussing
policy
adopted
virginia
department
personnel
training
explain
provision
social
benefits
either
level
parenting
leave
way
permitted
case
law
pregnancy
disability
leave
offends
constitution
instead
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suggest
pattern
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conduct
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zens
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congress
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provided
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right
family
leave
offering
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ante
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also
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provided
leave
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regulations
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argue
intended
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employers
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leave
already
noted
evidence
state
employers
discriminated
administration
leave
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see
supra
reasoning
congress
seems
justified
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state
immunity
private
suits
whenever
state
social
benefits
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enshrined
statutory
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three
massachusetts
kansas
tennessee
provided
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leave
see
ante
nn
citing
mass
laws
ch
west
admin
regs
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ann
already
explained
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leave
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support
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leave
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acknowledge
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require
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leave
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leave
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pattern
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based
garrett
see
also
kimel
city
boerne
juxtaposed
evidence
record
addressing
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provision
leave
benefits
volition
see
generally
brief
state
alabama
et
al
amici
curiae
concern
gender
discrimination
subjected
heightened
scrutiny
opposed
distinctions
reviewed
rational
standard
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kimel
supra
garrett
supra
alter
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women
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respondents
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show
congress
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history
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employment
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garrett
supra
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reaffirm
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ante
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congress
evidence
pattern
constitutional
violations
part
see
also
ante
record
unconstitutional
participation
fostering
discrimination
administration
leave
benefits
weighty
enough
justify
enactment
prophylactic
legislation
submission
however
follow
given
insufficiency
evidence
discriminated
provision
family
leave
unfortunate
fact
stereotypes
women
continue
serious
pervasive
social
problem
alone
support
charge
state
engaged
practice
designed
deny
citizens
equal
protection
laws
garrett
supra
paucity
evidence
support
case
tries
make
demonstrates
congress
responding
congruent
proportional
remedy
perceived
course
unconstitutional
conduct
instead
enacted
substantive
entitlement
program
congress
concerned
different
treatment
men
women
respect
family
leave
congruent
remedy
sought
ensure
benefits
leave
program
enacted
state
available
men
women
equal
basis
instead
act
imposes
across
board
requirement
grant
minimum
weeks
leave
per
year
requirement
may
represent
congress
considered
judgment
optimal
balance
family
obligations
workers
interests
employers
may
decide
follow
guidelines
designing
family
leave
benefits
follow
however
choose
enact
different
benefit
scheme
deemed
engage
unconstitutional
conduct
forced
open
treasuries
private
suits
damages
well
federal
enactment
nevada
provided
employees
basis
option
requesting
one
year
unpaid
leave
admin
code
also
permitted
subject
approval
conditions
leaves
absence
excess
one
year
nevada
state
employees
also
entitled
use
days
accumulated
paid
sick
leave
care
ill
relative
nevada
addition
program
special
catastrophic
leave
state
employees
donate
accrued
sick
leave
general
fund
aid
employees
needed
additional
leave
care
relative
serious
illness
rev
stat
sure
nevada
scheme
track
devised
act
respects
provision
unpaid
leave
discretionary
subject
possible
reporting
requirement
admin
code
congruent
remedy
discriminatory
exercise
discretion
however
requirement
grant
leave
administered
basis
displacement
state
scheme
federal
one
scheme
enacted
act
respect
autonomous
power
design
social
benefits
regime
proof
needed
show
entitlement
program
remedial
statute
suffice
note
act
even
purport
bar
discrimination
leave
programs
enact
administer
act
state
allowed
provide
women
say
weeks
family
leave
per
year
provide
weeks
leave
men
counsel
conceded
argument
law
kind
might
run
afoul
equal
protection
clause
title
vii
constitute
violation
act
tr
oral
arg
act
face
drawn
remedy
discrimination
family
leave
long
acknowledged
federal
legislation
deters
remedies
constitutional
violations
fall
within
sweep
congress
enforcement
power
even
process
prohibits
conduct
unconstitutional
city
boerne
see
also
ante
exercising
power
fourteenth
amendment
congress
may
prohibit
somewhat
broader
swath
conduct
including
forbidden
amendment
quoting
kimel
explained
however
congress
may
enforce
constitutional
right
changing
right
city
boerne
supra
dual
requirement
congress
identify
pervasive
pattern
unconstitutional
state
conduct
remedy
proportional
congruent
violation
designed
separate
permissible
exercises
congressional
power
instances
congress
seeks
enact
substantive
entitlement
guise
authority
precedents
upholding
voting
rights
act
proper
exercise
congress
remedial
power
instructive
south
carolina
katzenbach
concluded
voting
rights
act
prohibition
state
literacy
tests
appropriate
method
enforcing
constitutional
protection
racial
discrimination
voting
measure
justified
congress
documented
marked
pattern
unconstitutional
action
garrett
city
rome
katzenbach
morgan
principle
jurisprudence
well
illustrated
opinions
cases
also
late
justice
harlan
dissent
katzenbach
morgan
justice
harlan
contrasted
vote
invalidate
federal
ban
new
york
state
literacy
tests
earlier
decision
south
carolina
katzenbach
uphold
stronger
remedial
measures
state
south
carolina
suspension
literacy
tests
imposition
preclearance
requirements
changes
state
voting
laws
appointment
federal
voting
examiners
katzenbach
morgan
supra
see
also
south
carolina
katzenbach
supra
justice
harlan
explained
case
south
carolina
legislative
history
well
judicial
precedents
supporting
basic
congressional
findings
clear
commands
fifteenth
amendment
infringed
various
state
subterfuges
given
existence
evil
held
remedial
steps
taken
legislature
enforcement
clause
fifteenth
amendment
justifiable
exercise
congressional
initiative
quoting
south
carolina
katzenbach
supra
contrast
new
york
case
view
lacked
showing
fact
infringement
constitutional
command
whether
particular
state
practice
offend
ed
command
equal
protection
clause
fourteenth
amendment
absence
evidence
state
engaged
unconstitutional
conduct
justice
harlan
concluded
literacy
test
ban
congress
sought
impose
appropriate
remedial
measur
redress
prevent
wrongs
impermissible
attempt
define
substantive
scope
amendment
reasons
abrogation
state
sovereign
immunity
pursuant
title
vii
legitimate
congressional
response
pattern
discrimination
employment
fitzpatrick
bitzer
family
leave
benefit
conferred
act
contrast
substantive
benefit
congress
chose
confer
upon
state
employees
see
city
boerne
supra
must
congruence
proportionality
injury
prevented
remedied
means
adopted
end
lacking
connection
legislation
may
become
substantive
operation
effect
plain
truth
congress
ac
accomplish
legitimate
end
enforcing
fourteenth
amendment
rights
instead
pursued
object
outside
scope
section
five
imposing
new
legal
obligations
beck
heart
federalism
pretext
review
relationships
rev
bears
emphasis
even
bar
unconsented
federal
suits
private
individuals
money
damages
state
individuals
whose
rights
act
violated
without
recourse
act
likely
valid
exercise
congress
power
commerce
clause
art
cl
standards
prescribes
binding
upon
may
enforce
standards
actions
money
damages
private
individuals
may
bring
actions
state
officials
injunctive
relief
ex
parte
young
issue
whether
subjected
without
consent
suits
brought
private
persons
seeking
collect
moneys
state
treasury
immunity
abrogated
without
documentation
pattern
unconstitutional
acts
congruent
proportional
remedy
complete
failure
respondents
carry
burden
establish
necessary
propositions
hold
act
valid
abrogation
state
sovereign
immunity
dissent
respect
conclusion
contrary
footnotes
compare
purpose
act
balance
demands
workplace
needs
families
promote
stability
economic
security
families
promote
national
interests
preserving
family
integrity
promote
goal
equal
employment
opportunity
women
men
pursuant
equal
protection
lause
accomplish
act
purposes
manner
consistent
equal
protection
clause
minimizes
potential
employment
discrimination
basis
sex
see
also
fmla
based
commerce
clause
also
guarantees
equal
protection
due
process
embodied
amendment
pt
text
act
makes
clear
congress
found
due
nature
roles
men
women
society
primary
responsibility
family
caretaking
often
falls
women
responsibility
affects
working
lives
women
affects
working
lives
men
response
finding
congress
sought
accomplish
act
purposes
manner
minimizes
potential
employment
discrimination
basis
sex
ensuring
generally
leave
available
basis
promote
goal
equal
employment
opportunity
women
men
emphasis
added
material
described
leave
policies
private
sector
survey
also
congress
demonstrated
proportion
construction
leave
policies
available
public
sector
employees
differs
little
offered
private
sector
employees
parental
medical
leave
act
joint
hearing
subcommittee
relations
subcommittee
labor
standards
house
committee
education
labor
hereinafter
joint
hearing
statement
meryl
frank
director
yale
bush
center
infant
care
leave
project
see
also
see
six
weeks
medically
recommended
pregnancy
disability
leave
period
pt
referring
pregnancy
discrimination
act
legislative
history
establishing
four
eight
weeks
medical
recovery
period
normal
childbirth
example
state
employers
agreements
often
granted
extended
maternity
leave
six
months
year
women
gerald
mcentee
president
american
federation
state
county
municipal
employees
testified
vast
majority
contracts
even
though
look
upon
great
pride
really
cover
essentially
maternity
leave
paternity
leave
parental
medical
leave
act
hearings
subcommittee
children
family
drugs
alcoholism
senate
committee
labor
human
resources
pt
hereinafter
senate
labor
hearings
addition
state
leave
laws
often
specified
catchall
provisions
used
extended
maternity
leave
authorize
leave
paternity
purposes
see
family
medical
leave
act
joint
hearing
house
committee
post
office
civil
service
gary
ackerman
recounted
suffering
expressly
denial
unpaid
leave
absence
benefit
ostensibly
available
child
care
leave
evidence
pertaining
parenting
leave
relevant
state
discrimination
provision
types
benefits
based
gender
stereotype
women
family
duties
trump
workplace
justice
kennedy
dissent
hereinafter
dissent
ignores
common
foundation
congress
found
historically
produced
discrimination
hiring
promotion
women
see
post
consideration
evidence
dissent
contends
expand
inquiry
include
general
stereotypes
employment
ibid
emphasis
added
contrary
parenting
family
leave
address
similar
situations
work
family
responsibilities
conflict
implicate
stereotypes
mass
laws
ch
west
providing
leave
female
employee
childbirth
adoption
see
also
code
regs
rule
pregnancy
disability
leave
iowa
code
former
regs
reasonable
period
maternity
leave
female
employees
stat
ann
vi
supp
pregnancy
disability
leave
la
stat
ann
west
supp
repealed
maternity
leave
female
employees
code
ann
dissent
asserts
four
schemes
colorado
iowa
louisiana
new
hampshire
concern
pregnancy
disability
leave
post
louisiana
provided
women
four
months
leave
far
exceeds
medically
recommended
pregnancy
disability
leave
period
six
weeks
see
supra
policy
attributable
different
physical
needs
men
women
rather
invalid
stereotypes
congress
sought
counter
fmla
see
supra
see
code
regs
rule
del
code
tit
iowa
code
regs
rev
stat
ann
michie
la
stat
ann
west
supp
mass
laws
ch
west
mo
rev
stat
stat
ann
vi
supp
lab
law
west
code
ann
dept
labor
women
bureau
state
leave
law
june
citing
virginia
personnel
policy
see
code
regs
rule
regs
stat
ann
vi
supp
oklahoma
offered
system
employees
voluntarily
donate
leave
time
colleagues
family
emergencies
okla
tit
historical
note
west
see
code
regs
rule
regs
admin
code
ch
dwd
former
ch
ilhr
state
leave
law
supra
virginia
contrary
dissent
belief
hold
congress
may
abrogat
state
immunity
private
suits
whenever
state
social
benefits
program
enshrined
statutory
code
provides
employers
discretion
post
state
confer
social
benefits
generous
extensive
congress
later
deem
appropriate
ibid
dissent
misunderstands
purpose
fmla
family
leave
provision
fmla
substantive
entitlement
program
post
congress
create
particular
leave
policy
sake
see
infra
rather
congress
sought
adjust
family
leave
policies
order
eliminate
reliance
perpetuation
invalid
stereotypes
thereby
dismantle
persisting
barriers
hiring
retention
promotion
women
workplace
pursuing
goal
reasons
discussed
supra
congress
reasonably
concluded
state
leave
laws
practices
brought
within
act
given
extent
specificity
record
unconstitutional
state
conduct
difficult
understand
dissent
accusation
rely
simple
recitation
general
history
employment
discrimination
women
post
stated
holding
rests
congressional
findings
time
fmla
enacted
rel
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invalid
gender
stereotypes
employment
context
specifically
administration
leave
benefits
supra
emphasis
added
see
supra
congress
established
weeks
floor
thus
leaving
free
provide
employees
family
leave
time
choose
see
nothing
act
amendment
made
act
shall
construed
supersede
provision
state
local
law
provides
greater
family
medical
leave
rights
rights
established
act
amendment
made
act
dissent
faults
congress
giving
choice
arguing
fmla
terms
bar
granting
family
leave
time
women
men
post
justice
kennedy
effectively
counters
argument
next
breath
recognizing
discrimination
run
afoul
equal
protection
clause
title
vii
post
crafting
new
legislation
remedy
unconstitutional
state
conduct
congress
may
certainly
rely
take
account
existing
laws
indeed
congress
expressly
see
nothing
act
amendment
made
act
shall
construed
modify
affect
federal
state
law
prohibiting
discrimination
basis
sex
footnotes
see
stevens
two
questions
justice
rev
forthcoming
manuscript
file
law
review
discussing
fitzpatrick
footnotes
section
fifteenth
amendment
practically
identical
fourteenth
amendment
compare
amdt
congress
shall
power
enforce
appropriate
legislation
provisions
article
amdt
congress
shall
power
enforce
article
appropriate
legislation