Chapter 6 focuses on special treatment stigma—the stigma that accompanies the need for any modifications in the workplace. First, I present evidence that employers are reluctant to accommodate workers regardless of whether the accommodation is needed because of a disability, pregnancy, or caregiving responsibilities. Second, I describe what happens when employers do accommodate workers—both in terms of what workplace consequences flow from those accommodations, and how those accommodations affect the accommodated employees’ relationships with their coworkers.

Chapter 4 will move away from speaking about broad generalizations and focus in on some of the ways intersecting identities affect the experience of various workers. For instance, how does race, religion, class, sexual orientation, and age affect the experiences of workers navigating the structural norms of the workplace? The chapter will also explore the intersection between the two groups of employees this book is primarily focused on—workers who have both a disability and caregiving responsibilities. Most often, these workers are mothers with disabilities.

Chapter 3 starts with a history of disability discrimination in the workplace and beyond, leading up to the current protections we now have—most notably, the Americans with Disabilities Act (ADA). The chapter then turns to the difficulty of defining and conceptualizing disability, both legally and normatively. Courts, legislatures, scholars, and society in general do not agree on how broadly or narrowly to define disability. This chapter then discusses one of the primary reasons courts and employers have leaned toward a narrow definition of disability—the reasonable accommodation mandate in the ADA. I will first provide a conceptual analysis and defense of the accommodation obligation before turning to the law surrounding the reasonable accommodation provision of the ADA, including the employer’s defense to the accommodation mandate—the undue hardship provision.

The goal of Chapter 5 is to demonstrate how entrenched these norms are in most workplaces and to explain why this entrenchment exists. I first provide a history of many of the most common structural norms, including hours, shifts, and attendance policies, before demonstrating just how entrenched these norms are. Finally, this chapter briefly discusses the work-from-home experiment courtesy of COVID-19.

Chapter 7 first explores the theory behind protecting people with disabilities and workers with caregiving responsibilities. It then explores the practical justifications for protecting these groups of employees. Finally, it explains why my proposals go beyond protecting specific groups of employees and instead protected everyone.

Chapter 2 provides an overview of caregiver discrimination in the workplace. It provides a history of the gendered norms that still affect our workplaces and our lives. It describes the three facets of what I call the “caregiver conundrum”—(1) not enough time; (2) not enough money and opportunities for advancement; and (3) the stereotypes affecting caregivers in the workplace. The chapter then discusses several “lackluster laws” that fail to provide sufficient protection for working caregivers. These include Title VII of the Civil Rights Act of 1964, which protects against sex discrimination; the Pregnancy Discrimination Act, which protects against discrimination based on pregnancy; and the Family and Medical Leave Act, which mandates job-protected leave in certain circumstances. This chapter demonstrates how inadequate the protections are for most workers who are trying to balance work and family, despite these three laws.

Chapter 9 proposes a universal accommodation mandate, which would allow employees to request modifications to the structural norms of the workplace (when and where work is performed) and to request modifications to how the physical tasks of the job are performed. This chapter explains how the mandate would work, discusses various applications of the mandate, briefly addresses logistical issues, and then responds to the anticipated criticisms.

Chapter 8 begins a two-chapter discussion of how we accomplish a workplace reimagined. But first, this chapter explores the body of literature discussing other reforms in order to explain why my proposals are different. I then turn to the first part of my reform proposal—tackling time off. This proposal advocates for two weeks of job-protected paid absences for all employees and for any reason.

Chapter 1 introduces the concepts and ideas I discuss throughout this book. First, I provide a summary of the experiences of both individuals with disabilities and workers with caregiving responsibilities in the workplace. This summary exposes the difficulties these two groups have when trying to meet the expectations of their employers. Second, I introduce some of the laws and legal concepts that are discussed throughout the book—the Americans with Disabilities Act, reasonable accommodations, sex discrimination under Title VII, the Pregnancy Discrimination Act, and the Family and Medical Leave Act. Third, I briefly explain my proposal for reform. Finally, this chapter provides a brief outline of the structure of the rest of the book.