The Stewart Lecture in Labor and Employment Law: Employment and Identity

Work shapes our identities, and our identities shape our work. The tension between personal identity and work identity drives popular culture, as seen in shows like Severance and The Bear, and it frames our conceptions about who we are and what gives our lives meaning. In many respects the law has assumed a clear separation between work lives and personal lives, divvying up control and responsibility over these realms on that basis. But the divide, never absolute, has blurred considerably through technological change, legal developments, and social expectations, resulting in a more pervasive employer presence in both our workspaces and our personal lives.

This essay will discuss the relationship between employment and identity. It will wrestle with workers’ desire to shield the personal realm from employer power while also participating in meaningful and enthusiastic ways at their workplaces. Rather than trying to recreate a divide that never really existed, the law should instead protect identities within the company while allowing them to mesh together to carry on business as a whole. A mix of individual rights over identity and shared governance over the firm will best ensure that both individual and group identities are appropriately respected.