ABSTRACT
Law and public policy responded to the gender inequalities in employment exacerbated by the pandemic political economy, particularly the disadvantages faced by working mothers. The onset of the pandemic led to an exodus of women from the workforce, due to the pandemic's shutdown of schools, which multiplied the caregiving responsibilities of working parents. The added pressures of caregiving fell disproportionately on women. Litigation by women who lost their jobs during the pandemic under various legal theories, including pregnancy and disability discrimination. This litigation spotlighted the deficiencies of antidiscrimination law and the absence of a policy infrastructure that supports working motherhood in the United States. The EEOC issued new guidelines on caregiver discrimination in 2021 and Congress passed the federal Pregnant Workers’ Fairness Act in 2022. This chapter assesses the potential and limits of these new developments and engages noteworthy constitutional innovations outside the United States to support caregiving.
