Olivia Smith

Against the background of a deeply uneven package of work–family reconciliation measures and an increasing focus on engaging men in unpaid care work, in this article I discuss the extension of the Irish discrimination law framework to provide protection against family status discrimination to workers who are engaged in certain care relationships. While this development of the law to recognize a relational understanding of inequality is welcome, its confined definition of family status fails to capture the range of workers’ caring relationships and networks. Adopting a contextualized assessment of 12 years of litigation generated under the ‘family status’ ground, with reference to complainants’ gender and work status, the study considers the types of experiences being litigated as ‘family status’ discrimination. The study show how much of the nature and forms of inequality presented before the tribunals are beyond the conceptual boundaries of the principle of equal treatment that depends upon a sameness of treatment model with the ‘care-less’ comparator. Despite its potential to question the neutrality of workplace structures predicated upon the division between paid work and unpaid care, the principle of indirect family status discrimination has been under utilised as a litigation strategy. The most successful dimension of family status discrimination protection has been in respect of its ability to capture the negative stereotyping of worker–carers who continue to perform as ideal workers. I suggest that this extension of a limited negative rights framework, when considered alongside the state’s extremely poor support for workcare reconciliation more broadly, places negligible obligations on employers, and that the gender neutrality implicit in its provisions have yet to impact on gender equality as regards work–care reconciliation.

What is the cognitive role of things — sometimes but not always expressed as nouns — that appear in texts? What kind of literary affordances are the material furnishings that appear in a piece of literary writing? These questions are explored in this essay through the example of John Locke's Essay Concerning Human Understanding, a long work of literary philosophy that plays with the evolving conventions of its genre. Fusing methodologies borrowed from anthropology and linguistics, this essay reveals the extent and type of work done by two of Locke's things, manna and porphyry. In doing so it tests a way of tracing the cognitive action of the Essay's contemporary readership without recourse to modern experimental methods.