1 See, e.g., Rostker v. Goldberg, 453 U.S. 57 (1981) (upholding male-only draft registration); Michael M. v. Sonoma County Superior Court, 450 U.S. 464 (1981) (plurality opinion) (upholding California's statutory rape law under which only men could be criminally liable); Goesaert v. Cleary, 335 U.S. 464 (1948) (upholding a Michigan statute prohibiting women, except the wives or daughters of male bartenders, from tending bar); Muller v. Oregon, 208 U.S. 412 (1908) (upholding limitations on a woman's workday based on the dependent nature of women and the need for healthy women to serve as mothers).

2 Generally, in a two-parent family, the mother will take the more active role in child care. The lack of equal participation reinforces sex-role stereotypes. Paternal participation may help to equalize interaction between the sexes, and is a step toward dismantling these stereotypes. Also, it will expose the child to this type of interaction and, therefore, will foster more complete child development.

3 Shreve, Women vs. Women: The Maternity Backlash, WORKING WOMAN, Mar. 1985, at 117. Recent Department of Labor statistics show that women comprise a majority in professional careers. Greer, Women Now the Majority in Professions, N.Y. Times, Mar. 19, 1986, at 1, col. 1.

4 Kamerman, & Kahn, , Parental Leave Policies: An Overview, ASSOCIATION OF JUNIOR LEAGUES, CONFERENCE REPORT 2 (Mar. 1985)Google Scholar.

5 Id.

6 Catalyst, Nationwide Survey of Maternity/Paternity Leaves, PERSPECTIVE 6-9 (June 1984); see also H.R. REP. No. 699, 99th Cong., 2d Sess., pt. 2, at 17-21 (1986).

7 This analysis focuses on those women who see this as a conflict. Not every employed mother has the desire to stay home with her children, and not every mother who was at one time working wishes to return to her job.

8 Catalyst, supra note 6, at 17; see also H.R. REP. NO. 699, supra note 6, at 17-21.

9 42 U.S.C. § 2000e(k) (1982).

10 H.R. 4300, 99th Cong., 2d Sess. (1986) Rep. Patricia Schroeder (D-Colo.) introduced the bill as the PARENTAL AND DISABILITY LEAVE ACT OF 1985, H.R. 2020, 99th Cong., 1st Sess. (1985). Later, Rep. Schroeder was among the cosponsors of H.R. 4300 which was introduced by Rep. William Clay (D-Mo.). On October 17, 1985, the Committee on Education and Labor, Subcommittees on Labor Management and Labor Standards; and the Committee on Post Office and Civil Services, Subcommittees on Civil Service and on Compensation and Employee Benefits held joint hearings. The Committee on Education and Labor recommended the bill by a 22-10 vote on June 24, 1986, and resubmitted the bill to the 100th Congress. The Education & Labor Committee approved a compromise version in November 1987. The differences between the two bills will be discussed infra note 159 and accompanying text.

11 See, e.g., Frontiero v. Richardson, 411 U.S. 677 (1973); Reed v. Reed, 404 U.S. 71 (1971); Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971).

12 453 U.S. 57 (1981).

13 Id. at 79 (quoting Michael M. v. Sonoma County Superior Court, 450 U.S. 464, 469 (1981) (plurality opinion).

14 See supra note 1.

15 WOMEN's BUREAU, OFFICE OF THE SECRETARY, U.S. DEP't OF LABOR, BULLETIN NO. 240 MATERNITY PROTECTION OF EMPLOYED WOMEN 7 (1952).

16 See, e.g., CONN. GEN. STAT. ANN. § 31-26 (West 1960) (repealed 1972); MASS. GEN. L. ch. 149, § 55 (1958)(repealed 1974); N.Y. LAB. LAW § 206-b (McKinney 1986). These statutes have been cited merely to show the development of the law in this area.

17 CAL. UNEMP. INS. CODE § 2626 (West 1986); N.J. STAT. ANN. § 43:21-29 (West 1962); N.Y. WORK. COMP. LAW §§ 200-242 (McKinney 1965 & Supp. 1987) (§ 205(3) repealed 1981); R.I. GEN. LAWS § 28-41-8 to -32 (1979).

18 For a more complete account of the history of pregnancy litigation see Williams, , Equality's Riddle: Pregnancy & The Equal Treatment/Special Treatment Debate, 13 N.Y.U. REV. L. & Soc CHANGE 325, 333-51 (1985)Google Scholar.

19 U.S. CONST, amend. XIV.

20 42 U.S.C. §§2000e-2000e-17 (1982).

21 Parental and Disability Leave. Joint House Hearing Before the Subcommittee on Civil Service and the Subcommittee on Compensation & Employee Benefits of the Committee on Post Office and Civil Service, and the Subcommittee on Labor Management Relations and the Subcommittee on Labor Standards of the Committee on Education & Labor. H.R. 2020 99th Cong., 1st Sess. (1985) at 11. (Testimony of Wendy Williams) (Oct. 17, 1985) (Transcript).

22 See infra notes 23-43 and accompanying text.

23 417 U.S. 484 (1974).

24 Id. at 494.

25 The test set out by the court requires that “so long as the line drawn by the state is rationally supportable, the courts will not interpose their judgement as to the appropriate stopping point.” Id. at 495.

26 Id.

27 Id. at 496. (“[S]o long as the line drawn by the state is rationally supportable, the courts will not interpose their judgement as to the appropriate stopping point.“).

28 Id. at 496-97 n.20.

29 Id. at 497.

30 Id. at 501 (Brennan, J., dissenting).

31 § 703(a)(2) of Title VII, 42 U.S.C. § 2000e-2(a)(2)(1982).

32 429 U.S. 125 (1976).

33 Id. at 134-36.

34 Id. at 136.

35 Id.

36 Id. The Court, in distinguishing pregnancy from other conditions which usually are covered by disability benefit packages, noted that pregnancy often is a voluntary condition.

37 Id.

38 Id. at 159 (Brenan, J., dissenting) (citing Lau v. Nichols, 414 U.S. 563 (1974)).

39 434 U.S. 136 (1977).

40 Id. at 138.

41 Id. at 139-40.

42 Id. at 141-42.

43 Id. at 144-45.

44 R., MCCLOSKEY, THE AMERICAN SUPREME COURT 182 (1960)Google Scholar.

45 Geduldig, 417 U.S. at 495; Gilbert, 429 U.S. at 138-39; Satty, 434 U.S. at 144-45.

46 J., BERNARD, THE FEMALE WORLD 195-97 (1981)Google Scholar.

47 See Bozeman, , Thornton, , & McKinney, , Continuity & Change in Opinions About Sex Roles, in A PORTRAIT OF MARGINALITY 57 (Githens, M. & Prestage, J.L. eds. (1977))Google Scholar.

48 J., AXINN & H., LEVIN, SOCIAL WELFARE: A HISTORY OF THE AMERICAN RESPONSE TO NEED 281 (1982)Google Scholar.

49 42 U.S.C. § 2000e(h) (1982); see also H.R. REP. NO. 948, 95th Cong., 2d Sess., pt. 2, 3, reprinted in 1978 U.S. CODE CONG. & ADMIN. NEWS 4749, 4750-51. “It is the committee's view that the dissenting Justices [in Gilbert] correctly interpreted the Act [Title VII].“Id.; see also 123 CONG. REC. 29663 (remarks of Sen. Mathias).

50 See Geduldig, 417 U.S. at 503 (1974); Gilbert, 429 U.S. at 146-60 (1976) (Brennan, J., dissenting).

51 See supra note 49, at 3. “H.R. 6075 was introduced to change the definition of sex discrimination in Title VII to reflect the common sense view and to ensure that working women are protected against all forms of employment discrimination based on sex.” Id.

52 42 U.S.C. § 2000e(k).

53 See, e.g., EEOC v. Dowd & Dowd, Ltd., 736 F.2d 1177, 1178 (7th Cir. 1984).

54 S. REP. NO. 331, 95th Cong., 1st Sess. 3-4.

55 See supra note 49, at 5.

56 See supra note 51, at 6.

57 Id.

58 Id. at 3; see also 123 CONG. REC. 7541 (1977) (remarks of Sen. Mathias); 123 CONG. REC. 29661 (1977) (remarks of Sen. Biden).

59 29 C.F.R. § 1604 (1986).

60 29 C.F.R. § 1604.10(b) (1986).

61 29 C.F.R. § 1604.10(c) (1986); see also Griggs v. Duke Power Co., 401 U.S. 424 (1971), for the origins of the business necessity defense.

62 B. SCHLEI & P. GROSSMAN, EMPLOYMENT DISCRIMINATION LAW 1328-30 (2d ed. 1983).

63 Lower federal courts had used the disparate treatment-BFOQ methodology to analyze sex discrimination claims. See, e.g., Rosenfeld v. Southern Pac. Co., 444 F.2d 1219 (9th Cir. 1971); Weeks v. Southern Bell Tel. & Tel. Co., 408 F.2d 228 (5th Cir. 1969).

64 Williams, , Firing the Woman to Protect the Fetus: The Reconciliation of Fetal Protection with Employment Opportunity Goals Under Title VII, 69 GEO. L.J. 641, 671 (1981)Google Scholar. The BFOQ defense is provided by 42 U.S.C. § 2000e-2(e) (1982).

65 See, e.g., Dothard v. Rawlinson, 433 U.S. 321, 332-34 (1977).

66 Griggs v. Duke Power Co., 401 U.S. 424, 431 (1971).

The EEOC has construed the BFOQ defense narrowly, 29 C.F.R. § 16.04.2(a) (1986), and courts have limited its scope. See B. SCHLEI & P. GROSSMAN, supra note 62, at 342-58, for illustrations of judicial interpretation of the BFOQ defense. The assumptions underlying these theories fuel the debate over the most effective way to gain equality for women in the workplace. The debate focuses on two approaches to gaining equality for women: Equal Treatment and Positive Action. This debate will be discussed in greater detail infra note 111, and accompanying text.

67 Prior to Gilbert, lower federal courts used the disparate treatment-BFOQ methodology to analyze sex discrimination claims. See, e.g., supra note 63.

68 General Elec. Co. v. Gilbert, 429 U.S. at 142.

69 Id. at 141.

70 Id. at 142-43.

71 Id. at 143-45. The Court cited the consistent interpretation of the Wage and Hour Administration; the statements of Senator Humphrey, the floor manager of Title VII in the Senate; and traditional conceptions of sex discrimination as contradicting the EEOC guidelines. This undermined the significance of the EEOC guidelines in determining the interpretation Title VII.

72 See supra notes 49-58 and accompanying text.

73 515 F. Supp. 1264 (D. Mont. 1981).

74 MONT. CODE ANN. § 49-2-310 (1987).

75 Id. The MMLA was repealed in part and renumbered in part in 1983, and was redesignated § 49-2-310 by § 2, ch. 285, L. 1983.

76 515 F. Supp. at 1266. The employee, Tamara Buley, missed work because of morning sickness. She was subsequently fired, within four weeks of beginning her employment. Ms. Buley protested her dismissal to the Montana Commission of Labor and Industry and eventually was awarded backpay. The Commission upheld the MMLA, stating that the statute was consistent with the fourteenth amendment and Title VII. The federal district court upheld the Labor Commission's interpretation of the MMLA's relationship to the fourteenth amendment and the PDA. The court held the PDA did not preempt the MMLA since the state legislation did not require the employer to violate the federal act. The employer appealed this decision to the federal circuit court of appeals which vacated the judgment of the district court and dismissed the appeal. The employer then petitioned the state district court, which reversed the Commission's order. 685 F.2d 1088 (9th Cir. 1982). This court held that the MMLA was inconsistent with the PDA since it favored nondisabled pregnant women over disabled nonpregnant women and men. Miller-Wohl Co. v. Commissioner of Labor & Indus., 692 P.2d 1243 (Mont. 1984).

77 Id. at 1251-52, 1254.

78 Id. at 1254.

79 107 S. Ct. 919 (1987). Judgement has been vacated and remanded to the Supreme Court of Montana for further consideration in light of California Fed. Savings and Loan Ass'n v. Guerra, 107 U.S. 683 (1987).

80 Such legislation recognizes characteristics unique to women which may require special treatment not afforded to men.

81 See infra notes 98-101 and accompanying text.

82 727 F.2d 566 (6th Cir. 1984).

83 Id. at 579.

84 726 F.2d 1543 (11th Cir. 1984).

85 Id. at 1549.

86 726 F.2d 1547-48.

87 680 F.2d 1243 (9th Cir. 1982).

88 Id. at 1245.

89 Id. at 1246 (citing S. REP. NO. 331, 95th Cong., 1st Sess. pp. 5-6 (1977)).

90 Id. at 1246.

91 706 F.2d 1469 (7th Cir. 1983).

92 Id. at 1488.

93 See infra note 94 and accompanying text.

94 Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669 (1983). A male employee filed a charge with the EEOC alleging that the company's health benefits policy discriminated against male employees by not providing benefits for his pregnant wife. The company sought declaratory and injunctive relief against enforcement of the EEOC interpretation of the PDA, while, concurrently, the EEOC filed a civil action against the company alleging sex discrimination. The district court upheld the company's plan. Holding the PDA applied only to female employees, the court enjoined enforcement of the EEOC guidelines and dismissed the EEOC's complaint. Newport News Shipbuilding & Dry Dock Co. v. EEOC Co., 510 F. Supp 66 (E.D. Va. 1981). On appeal, the cases were consolidated. The appeals court reversed the district court's decision concluding that since the company's policy made distinctions based upon pregnancy, the policy violated the PDA. Newport News Shipbuilding & Dry Doc Co. v. EEOC, 667 F.2d 448, 451 (4th Cir. 1982). The Supreme Court granted certiorari, 459 U.S. 1069 (1982), in an attempt to resolve the conflict created by this decision as well as in Joslyn and Lockheed Missiles & Space Co.

95 462 U.S. at 673-74.

96 Id. at 681 (emphasis in original).

97 Id. at 684.

98 The employer granted unpaid disability leave of up to six months to all employees who had completed a three month probationary period, but reserved the right to discharge the employee if no suitable position was available when the employee recovered. California law requires that employees be reinstated upon returning from maternity leave, unless a business necessity justifies the employer's refusal to rehire. See CAL. GOV'T. CODE § 12945(b)(2) (West 1980). The federal district court held the PDA does not preempt state policy guaranteeing pregnant women a specified number of leave days. California Fed. Savings & Loan Ass'n v. Guerra, 758 F.2d 390 (9th Cir. 1985).

99 107 S. Ct. 683 (1987).

100 Id. at 693.

101 Id. at 694.

102 See id. at 694 n.29.

103 Id.

104 42 U.S.C. § 2000e(e) (1982); EEOC v. Dowd & Dowd, Ltd., 736 F.2d 1177 (7th Cir. 1984).

105 See supra note 82.

106 EEOC v. Joslyn Mfg. & Supply Co., 706 F.2d 1469 (7th Cir. 1983); EEOC v. Lockheed Missiles & Space Co., 680 F.2d 1243 (9th Cir. 1982).

107 Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U.S. 669 (1983).

108 California Fed. Savings & Loan Ass'n v. Guerra, 107 S. Ct. 683 (1987).

109 462 U.S. at 682.

110 See, e.g., Montana Maternity Leave Act, MONT. CODE ANN. § 49-2-310(2) (1987) (requiring employers to “grant to the employee a reasonable leave of absence for such pregnancy“); see also CONN. GEN. STAT. ANN. §§ 46a-60(a)(7) (West 1982).

111 The effects of pregnancy on woman's capacity to perform her job and on her economic security are analogous to other physical conditions which are prevalent in men. This type of analysis shifts the focus from biological differences between the sexes to socially and culturally imposed differences. It highlights the need to restructure employer benefit policies, not merely to incorporate pregnancy into the existing inadequate employer benefit structures. See infra note 11, at 355-60 and note 119.

112 Williams, supra note 18, at 369.

113 See, e.g., Muller v. Oregon, 208 U.S. 412 (1908).

114 This argument was distilled from the following articles: Krieger & Cooney, infra note 115; Williams, supra note 18; Williams, , The Equality Crisis: Some Reflections on Culture, Courts & Feminism, 7 WOMEN's RTS. L. REP. 175 (1982)Google Scholar.

115 Krieger, & Cooney, , The Miller-Wohl Controversy: Equal Treatment, Positive Action & the Meaning of Women's Equality, 13 GOLDEN GATE L. REV. 513, 515 (1983)Google Scholar.

116 Id. at 513.

117 See supra note 112.

118 Brief for the United States as Amicus Curiae, at 4, Miller-Wohl Co. v. Montana, 107 S. Ct. 919 (1987).

119 CCH S. CT. BULL. (CCH) B605 (Jan. 13, 1987).

120 Id.

121 758 F.2d at 391.

122 692 P.2d at 1243, vacated, 107 S. Ct. 919 (1987).

123 Minority set-asides, hiring goals and hiring timetables for both minorities and women are other affirmative action vehicles for combatting discrimination.

124 42 U.S.C. § 2000e(k) (“[W]omen affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes….“); see also 123 CONG. REC. 29660 (remarks of Sen. Biden).

125 Questions and Answers on the Pregnancy Discrimination Act, 29 C.F.R. § 1604 app. (1986).

Id.

126 Id.

127 U.S. COMMISSION ON CIVIL RIGHTS, CHILD CARE AND EQUAL OPPORTUNITY FOR WOMEN 46(1981).

128 See supra note 125.

129 Note, The Pregnancy Discrimination Act of 1978 & the EEOC Guidelines: A Return to “Great Deference?,” 41 U. PITT. L. REV. 735, 750 n.101 (1986).

130 123 CONG. REC. 29660 (1977) (remarks of Sen. Biden).

131 H.R. REP. NO. 948, 95th Cong., 2d Sess. at 4.

132 Williams, , Firing the Woman to Protect the Fetus: The Reconciliation of Fetal Protection with Employment Opportunity Goals Under Title VII, 69 GEO. L.J. at 682.Google Scholar

133 See S. REP. No. 331,95th Cong., 1st Sess. 4; H.R. REP. NO. 948,95th Cong., 2d Sess. 5.

134 S. REP. NO. 311, supra note 135, at 9 (quoting statement of American Nurses Association).

135 434 U.S. at 139-43.

136 Lines, Update: New Rights for Pregnant Employees, PERSONNEL J., Jan. 1979, at 33.

137 Testimony of Wendy Williams at Joint Hearings on H.R. 2020 (PDLA) at 6-7, supra note 21, at 12.

138 Collins, More Firms Giving New Fathers Time Off to Share Chores and Joys of Infant Care, Wall St. J., July 9, 1985, at 9, col. 4. Currently, one third of the nation's companies offer leave for fathers.

139 Catalyst, Nationwide Survey of Maternity/Paternity Leaves, PERSPECTIVE, June 1984, at 17.

140 See Testimony of L. Poole on H.R. 2020 (PDLA) at 1, supra note 21, at 12 (Testimony of Lorraine Poole, p. 4).

141 Id.

142 See Testimony of representatives of the United Mine Workers of America on H.R. 2020 (PDLA) at 17-19, supra note 21, at 60.

143 S., KAMERMAN, A., KAHN, & P., KINGSTON, MATERNITY POLICIES AND WORKING WOMEN 4 (1983)Google Scholar.

144 Id. at 21.

145 Id. at 19.

146 WORKING WOMEN: AN INTERNATIONAL SURVEY 29 (Davidson, M. & Cooper, C. eds. 1984)Google Scholar.

147 Id. at 30. A woman must either work for 2 years at 16 hours per week or for 5 years at between 8 and 16 hours per week. Maternity pay is equivalent to 90% of her basic weekly wage, less tax, national insurance contributions and maternity allowances.

148 Id.

149 S. KAMERMAN, A KAHN, & P. KINGSTON, supra note 143, at 23.

150 Lamb, & Levine, , The Swedish Parental Insurance Policy: An Experiment in Social Engineering, FATHERHOOD & FAMILY POLICY 39 (Lamb, M. & Sagi, A. eds. 1983)Google Scholar.

151 Id. at 42.

152 Id.

153 Id. at 42-43.

154 Id. at 45-48.

155 Id. at 48-51.

156 Id. at 49. The existence of a black market, or a second economy, may be less prevalent in the U.S. than in Sweden. This example is used only as an illustration of an alternate source of income, similar to “under-the-table” wages in the U.S.

157 Id. at 45.

158 This action, however, is problematic. The competing concerns need to be addressed before any type of regulation may occur. Regulating the media may infringe upon first amendment rights and may ultimately lead to a limitation on the free exchange of ideas central to a democratic society. On the other hand, subordination of women in the media must stop since it fosters disrespect for women, and may precipitate violent and degrading assaults.

159 H.R. 925, introduced in the House on April 4, 1985 as H.R. 2020 and referred jointly to the Committees on Education and Labor, Post Office and Civil Service, Labor-Management Relations, Labor Standards, and Compensation and Employee Benefits on October 17, 1985. A compromise version was passed by the Education and Labor Committee in November of 1987. The Post Office and Civil Service Committee has yet to mark the bill up for hearings. If this committee does not hold hearings on the compromise prior to its being sent to the House floor, the original provisions of H.R. 925 will apply to Civil Service employees.

160 See supra note 11.

161 Information sheet on the PDLA provided by the Congressional Caucus for Women's Issues.

162 H.R. 925 FMLA Title I, § 101(4)(A).

163 Only the compromise version passed by the House Education & Labor Committee included this provision. The Congressional Caucus for Women's Issues provided the information.

164 FMLA Title I, §§ 103(a)-(c). When originally introduced as the PDLA, the bill did not provide leave for the care of an ill, dependent parent. The committee amended the bill. Also, when submitted in 1986, the bill provided 18 weeks of family leave over a one year period, 26 weeks of family leave over a two year period, and 26 weeks of temporary medical leave.

165 Id. at §§ 104(a)&(b). Medical leave is available for employees with a serious health condition. This term “is intended to cover conditions or illnesses that affect an employee's health to the extent that he or she must be absent from work on a recurring basis or for more than a few days for treatment or recovery.” H.R. REP. NO. 699, 99th Cong., 2d Sess. 30.

166 FMLA Title I, §§ 107(a)&(b).

167 Id. at § 103(b).

168 H.R. REP. NO. 699, 99th Cong., 2d Sess. at 29.

169 FMLA Title I, at §§ 109-110.

170 Id. at § 109(b)(1).

171 Id. at §112.

172 Id. at § 109(c)(2).

173 Id. at § 109(c)(5).

174 FMLA Title II §201 would amend Title V ch. 63 U.S.C. to entitle civil service employees to parental and medical leave.

175 FMLA Title IV, §§401-404.

176 FMLA Title I, § 103(a).

177 J., GIELE, WOMEN & THE FUTURE: CHANGING SEX ROLES IN MODERN AMERICA 93 (1978)Google Scholar.

178 Parke & Sawin, Fathering: It's a Major Role, PSYCHOLOGY TODAY, NOV. 1977, at 109, 111.

179 Hinde, , Ethology & Child Development, 2 HANDBOOK OF CHILD PSYCHOLOGY, INFANCY & DEVELOPMENTAL PSYCHOBIOLOGY 56 (Mussen, P. ed. 1983) [hereinafter Mussen]Google Scholar.

180 Id. at 55. Originally phrased in terms of maternal presence due, in part, to the lack of conclusive studies on the infant-father relationship.

181 M., AINSWORTH, M., BLEHAR, E., WATERS & S., WALL, PATTERNS OF ATTACHMENT 23–28 (1978)Google Scholar

182 Testimony of Dr. T. B. Brazelton at Joint Hearings on H.R. 2020 (PDLA) at 19, supra note 21, at 43.

183 Id. at 8, supra note 21, at 41-42; see also H.R. REP. NO. 699, 99th Cong., 2d Sess. 17 (Statement of Dr. Eleanor S. Szanton).

184 Id. Testimony of Dr. Brazelton at 15 H.R. REP. NO. 699 at 17, supra note 21, at 41-42.

185 See also Lamb, Russel & Sagi, supra notes 152-158 and accompanying text. Summary & Recommendations for Public Policy, FATHERHOOD & FAMILY POLICY, supra note 151.

186 Testimony of Dr. Brazelton, at 6, supra note 21, at 38.

187 Hoffman, Increased Fathering: Effects on the Mother, in M. Lamb & A. Sagi, supra note 150, at 173-76. If the mother is unemployed, however, greater paternal participation may create tension, as it may undermine the mother's control over child care and decrease her feeling that she is a productive member of the family.

188 Id. at 186.

189 Testimony of Dr. Brazelton, at 6, supra note 21, at 38.

190 See, e.g., Kotelchuck, The Infant's Relationship to the Father: Experimental Evidence; Lewis & Weinraub, The Father's Role in the Child's Social Network, both in THE ROLE OF THE FATHER IN CHILD DEVELOPMENT (M. Lamb ed. 1976).

191 Radin & Russell, Increased Father Participation and Child Development Outcomes, in M. Lamb & A. Sagi, FATHERHOOD AND FAMILY POLICY, supra note 151, at 196.

192 Supra note 176, at 112.

193 Id.

194 S. BURUD, P. ASCHBACHER & J . MCCROSKEY, EMPLOYER-SUPPORTER CHILD CARE: INVESTING IN HUMAN RESOURCES 5-7 (1984).

195 See, e.g., (1987) Economic Recovery Tax Act of 1981, 26 U.S.C.A. § 129 (West 1986 & Supp. 1987), which allows childcare expenses to be paid separately with funds not subject to withholding or payroll taxes.

196 An employer may deduct the costs of dependent care programs as an ordinary and necessary business expense. 26 U.S.C.A. § 162 (West Supp. 1987) (trade or business expenses); J. RoSENBLOOM & C. HALLMAN, EMPLOYEE BENEFIT PLANNING 405-06 (1986).

197 J. ROSENBLOOM & C. HALLMAN, supra note 196, at 65. The Tax Reform Act of 1986 did not eliminate these deductions.

198 Address by Leonard Silverman, Corporate Childcare: Playpens in the Boardroom or Productivity Investment?, delivered at the National Governors Assoc. Conference on Day Care, Washington, D.C. (April 9, 1985), reprinted in 51 VITAL SPEECHES OF THE DAY 503, 504 (June 1, 1985).

199 Id. at 503.

200 See generally Clarke-Stewart & Fein, Early Childhood Programs, in Testimony of Dr. Brazelton at 15, supra note 21, at 43-45, Mussen, supra note 179; Zigler, Medical/Psychiatric and Child Development Perspective, CATALYST, supra note 6, at 4 (focusing on the effects on both the parent(s) and the child when day care is begun at a very early age). At a later age, day care has many benefits, including enabling the parents to return to work, and making the child more comfortable in social situations by exposing him or her to different people.

201 Testimony of Dr. Brazelton, supra note 21, at 37.

202 Id. at 17.

203 Clarke-Stewart & Fein, Early Childhood Programs in Mussen, supra note 179, at 950.

204 Id. at 947.

205 Id. at 959-960.

206 Id. at 945-978 and studies cited therein.

207 H.R. REP. NO. 699, supra note 183.