Velte — Volume 61, Issue 4

Family responsibilities discrimination, sometimes termed caregiver discrimination or the "maternal wall," emerges when employees experience employment discrimination based on caregiver stereotypes. Velte introduces the "second child bias" (SCB) phenomenon, describing a discrete form of this discrimination where mothers report little discrimination until they have a second child, at which point they experience family responsibilities discrimination. The SCB arises from a specific stereotype about mothers with multiple children distinct from general maternal wall bias. Velte argues that SCB should be recognized under Title VII as a cognizable form of discrimination resulting from employer biases and stereotypes about caregiving capacity. The article grounds SCB within psychological frameworks, particularly the Justification-Suppression Model of prejudice expression, and within Joan Williams and Nancy Segal's work on family responsibilities discrimination. Velte demonstrates that SCB represents a unique manifestation of family responsibilities discrimination with distinct legal and practical implications, requiring specialized doctrinal recognition beyond traditional comparator analysis for disparate treatment claims.

Topics: Labor & Employment · Civil Rights

Keywords: family responsibilities discrimination · second child bias · maternal wall · Title VII · employment discrimination · caregiver stereotypes