By Catherine R. Albiston
How do kin and clinical go away Act rights function in perform within the courts and within the place of work? This empirical learn examines how associations and social practices rework the that means of those rights to recreate inequality. office ideas and norms outfitted round the kinfolk salary excellent, the belief that incapacity and paintings are collectively unique, and management's old keep an eye on through the years all constrain possibilities for social swap. but employees may also mobilize rights as a cultural discourse to alter the social that means of kinfolk and clinical depart. Drawing on theoretical frameworks from social constructivism and new institutionalism, this examine explains how associations remodel rights to recreate platforms of strength and inequality yet while additionally offer possibilities for legislation to alter social constitution. It offers a clean examine the perennial debate approximately legislations and social switch via analyzing how associations form the method of rights mobilization.
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Additional resources for Institutional Inequality and the Mobilization of the Family and Medical Leave Act: Rights on Leave
Example text
Some of these practices have become so taken-for-granted that it is hard for employers, courts, and even workers to imagine work being organized in any other way. Civil rights laws like the FMLA that set out to change established work practices often face resistance from the customs and informal expectations that constitute work. Even recognizing this resistance can be difficult because existing arrangements seem so natural, normal, and inevitable that they appear to be unchangeable reality, rather than workplace conventions.
Third, social constructionism suggests that the identities protected by antidiscrimination law and the institutions the law attempts to reform, both of which appear to be objective components of the social world, in fact are constructed through ongoing social interactions and determined in part by each other. This last point helps bring into focus the relationship between protected identities and institutions, including the ways in which institutions give meaning to those identities, and, in the process, help perpetuate inequality.
But Thompson argues that, although workers initially resisted time-discipline and wage systems, over time they came to contest only the amount of time required for work. Through the wholesale reorganization of productive activities, time discipline came to be institutionalized. The first generation of factory workers were taught by their masters the importance of time; the second generation formed their shorttime committees in the ten-hour movement; the third generation THE SOCIAL INSTITUTION OF WORK 39 struck for overtime or time-and-a-half.