The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons From Canada

Although CEDAW has been under consideration in the U.S. for the past twenty-five years, the U.S. has not ratified the Convention. This article examines how a ratification of CEDAW could affect U.S. employment law. The author outlines the history of CEDAW in the U.S. Using Canada, where CEDAW has been ratified, as a case study, the article explores how the Convention might affect the U.S. employment discrimination law. In particular, it focuses on four areas: equal opportunity, pay equity, marital and pregnancy protections, and sexual harassment. The article discusses how the interaction between the CEDAW Committee and Canada has influenced Canadian legislation and initiatives. It also notes how CEDAW ratification can offer support and guidance to legislators, employers and advocates. In discussing how CEDAW ratification may affect U.S. employment discrimination law, the article addresses the criticisms CEDAW has received in the U.S. The author concludes that there is potential to further the commitment to gender equality and reform in the U.S. through CEDAW ratification.

Jessica Riggin, The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons From Canada (2011) 42:2 Colum HRL Rev 541.