The movement toward overturning NLRA exclusions is slow, but the gradual trend might not be too surprising given the historical legislative pedigree for domestic worker labor in this country. Yet as some courts are now recognizing, the reasons to exclude domestic workers from labor protections are mired in inadequate and anachronistic notions of gender roles in this country. Whatever relevance such a line of reasoning might have had eighty years ago during the NLRA's passage, that reasoning is unsatisfying today and is an insufficient justification for either the judiciary or the legislature to deny equal protections to a group of people that arguably deserves them most.
J.D. Candidate, 2013, Fordham University School of Law; B.A., 2006, University of Pennsylvania.