Chapter Two
Litigation History
The litigation history of the FMLA reflects the congressional belief that reform was needed to meet the changing needs of American families because of the changing demographics of the workforce and society. The findings of the Act itself state:
The number of single-parent households and two-parent households in which the single parent or both parents work is increasing significantly;
It is important for the development of children and the family unit that fathers and mothers are able to participate in early childrearing ...;
The lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. (1)
The demographic shift was described in strong language in the Senate Report:
The effect of these demographic changes has been far reaching. With men and women alike as wage earners, the crucial unpaid caretaking services traditionally performed by wives care of young children, ill family members, aging parents has become increasingly difficult for families to fulfill. When there is no one to provide such care, individuals can be permanently scarred as basic needs go unfulfilled. Families unable to perform their essential function are seriously undermined and weakened.
Finally, when families fail, the community is left to grapple with the tragic consequences of emotionally and physically deprived children and adults.(2)
In 1990, seventy-four percent of women between the ages of twenty-five and forty-four were in the workforce, and, at that time, it was estimated that by 2005, half of the individuals entering the workforce would be women.(3) As a result of this shift, family roles changed: wives and mothers had new responsibilities in the workplace and were less likely to be available in the case of an emergency at home...........
