Monday, October 31, 2005

Alito's idea that women are not disadvantaged when they can not take maternity leave seems absurd, both intellectually and factually.

Angry Bear: "In 2000, Alito authored an opinion in which he ruled that the FMLA was an instance of unconstitutional congressional overreach. In particular, he said that the FMLA was unconstitutional because there was no evidence for the notion that women are disadvantaged in the workplace when they are not allowed to take family leave. Furthermore, he argued, the requirement that everyone be guaranteed 12 weeks of unpaid family leave was a disproportionately strong remedy"

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