78 see de alwis supra note 17 at 313 14 describing

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78. See De Alwis, supra note 17, at 313-14 (describing negative perceptions of working parents, such as the perceptions that working mothers are bad employees and neglectful mothers, and working fathers do not need caregiving benefits because they are viewed as secondary caregivers); see also Anthony, supra note 13, at 477 (describing the complementary problem that "most work schedules still operate on the male breadwinner model, which assumes that employees do not have family demands that must be addressed"). 79. See Bhushan, supra note 2, at 689-90 (noting that prior to FMLA, women frequently took time off from work to care for newborns while men rarely did so, and 2015]
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HO USTON JOURNAL OF INTERNATIONAL LAW note, however, in developing FMLA, Congress recognized that "the primary responsibility for family caretaking often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men," 80 but it resisted creating a law that would only serve to benefit women due to corresponding concerns of the threat of workplace discrimination against women, particularly in hiring. 81 Although FMLA has not achieved greater work-family balance for both genders, Congress's recognition of women's disproportionately imbalanced work-family demands evidences its intention to correct this imbalance. 8 2 The primary problem with a gender-neutral law is that it is unlikely to change longstanding sex stereotypes regarding work and family roles in our society; without crafting a law that considers the differing needs of men and women with respect to childbirth, society will default to sex stereotypes in determining how to balance work and family demands between men and women. 8 3 Traditionally, men have been successful in the breadwinner role precisely because women have assumed the homemaker role. 8 4 So long as FMLA's gender neutrality reinforces this system, as manifested in men taking paternity leave with less frequency than women take maternity leave, gender imbalance in employment will persist. 8 5 after the passage of FMLA, some women were more likely to take maternity leave while men did not correspondingly take leave more frequently). 80. 29 U.S.C. § 2601(a)(5). 81. See id. § 2601(a)(6) ("[E]mployment standards that apply to one gender may have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender."). 82. See Anthony, supra note 13, at 473 (demonstrating Congress's "understanding that when there is not leave policy, women suffer more from that deficiency as a result of their socially imposed roles" and its subsequent attempt to remedy the "gender- discriminatory impact of not having employer family leave policies"). 83. See id. ("A law that refuses to take gender into account is effective only if the private social structure does not itself perpetuate women's inequality, regardless of what the law says. The United States is nowhere near that point.").
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