As workers struggle to combine work and family responsibilities, discrimination against workers based on their status as caregivers is on the rise. Although both women and men feel the pinch, caregiver discrimination is particularly damaging for women, because care is intricately tied to gendered norms and expectations. In this article, we analyze caregiver discrimination cases resolved by Canadian Human Rights Tribunals from 1985 through 2016, to explore how work and caregiving clash. We identify issues involved in disputes and the ways (...) gendered expectations about work–life facilitation inform disputes and outcomes. We find that although women are more likely to bring claims and obtain favorable outcomes, the legal interpretation of claims is highly gendered. Women bring claims involving both their presumed status as caregivers and the practical challenges of seeking accommodations for care, whereas men’s claims are largely accommodation based. In adjudicating cases, Tribunals are more likely to see women than men as lacking credibility when making their claims, questioning their competence and legitimacy. In contrast, men struggle to demonstrate the legal basis of work–family interference, failing to convey how seriously work interferes with family responsibilities. (shrink)

Focusing on the U.S. military as a gendered and raced institution and using 33 in-depth interviews with U.S. servicewomen, this study identifies tactics and consequences of workplace harassment that occur through administrative channels, a phenomenon I label bureaucratic harassment. I identify bureaucratic harassment as a force by which some servicemen harass, intimidate, and control individual, as well as groups of, servicewomen through bureaucratic channels. Examples include issuing minor infractions with the intention of delaying or stopping promotions, threatening to withhold military (...) benefits for reporting sexual abuse/harassment, and revoking servicewomen’s qualifications in order to remove them from positions or units. The manipulation of administrative rules and regulations is made possible by the interplay between a gendered and raced organizational climate and bureaucratic features such as discretion, hierarchy, and the blending of work and personal life. I show that bureaucratic harassment has both raced and gendered implications. Ultimately, harassment that is enacted through bureaucratic means is often overlooked but carries distinct consequences for the professional careers and workplace experiences of the victims. (shrink)