How do Family and Medical Leave Act rights operate in practice in
the courts and in the workplace? This empirical study examines how
institutions and social practices transform the meaning of these
rights to recreate inequality. Workplace rules and norms built
around the family wage ideal, the assumption that disability and
work are mutually exclusive, and management s historical control
over time all constrain opportunities for social change. Yet
workers can also mobilize rights as a cultural discourse to change
the social meaning of family and medical leave. Drawing on
theoretical frameworks from social constructivism and new
institutionalism, this study explains how institutions transform
rights to recreate systems of power and inequality but at the same
time also provide opportunities for law to change social structure.
It provides a fresh look at the perennial debate about law and
social change by examining how institutions shape the process of
rights mobilization.
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