I. Introduction
With the rise of the modern age economic survival has become difficult for families based on a single income. This economic need along with modern attitudes toward gender equality has resulted in women being represented in the workforce in greater numbers. However, until the 1960’s women faced severe discrimination when trying to enter and maintain a position in the workforce. Often qualified women would be passed over for men with less experience and education. Employers were fearful that women were too emotional and were not equipped to handle the stress of the work environment. Also driving the decision to not hire or promote women was the concern over the additional health care expenses and leave time pregnant employees would require. The road to equal treatment of women in the workforce would begin with the passage of Civil Rights Act of 1964, specifically the portion entitled Title VII. While Title VII offered women some projection against discrimination in the workforce the ambiguity of the law would prevent protection on one key area: pregnancy. The legislation that would remove the final discriminatory roadblock to woman in the workforce would come from the passage of the Pregnancy Discrimination Act of 1978. This momentous act would extend the coverage of Title VII and prevent discrimination of women in employment due to a pregnancy and pregnancy related complications. While the law may have stemmed from a controversial decision by the Supreme Court
II. History of the Law
The first step towards the passage of the Pregnancy Discrimination Act began with the creation of another piece of anti-discrimination legislation, the Civil Rights Act of 1964. Primarily the Civil Rights Act was created ...
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...Act is by no means perfect it has certainly paved the way for the ethical and fair treatment of women who choose to get pregnant and remain in the workforce. While
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To understand the significant changes within the role of women, it’s important to look at the position women held in society prior to World War II. In a famously quoted ruling by the United States Supreme Court in a case denying a woman’s right to practice law, the following excerpt penned by the Honorable Joseph P. Bradley in 1873 sums up how women were perceived during that period of time by their male counterparts. Bradley declared, "The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother -- this is the law of the Creator" . While many women may agree that the role of wife and mother is a noble one, most would certainly not agree this position would define their destiny.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
While the wage gap was a term first introduced in the early 1940’s, the twenty-first century progress of women’s rights, specific to equal earnings between men and woman, is relevant today and remains greatly influenced by specific historical events. This paper will examine the cultural context of employment for white, middle-class, American women from the early 1920’s to present. Exploring the progression and integration of women into the workforce, detailing the forces and influences for change and examining critical court rulings, this paper will offer a perspective of the imeragey taken from the author.
January 22, 1973 is a day that, in the eyes of many modern feminists, marked a giant step forward for women's rights. On this date the U.S. Supreme court announced its decision in Roe v. Wade, a verdict that set the precedent for all abortion cases that followed. For the first time, the court recognized that the constitutional right to privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy" (Roe v. Wade, 1973). It gave women agency in their reproductive choices; no longer were they forced to succumb to second rate citizenship as a housewife, a single mother, or a mother in poverty on account of pregnancy.
Age discrimination issue is getting serious with the modernization and industrialization of the United States. However, the issue did not catch policy makers’ attention until WWII (1939-1945). The following part shows the time prior the Age Discrimination of Act 1967.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
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While the 1960s were a time of advancement for minorities, it was also a time of advancement for women. In 1963, Congress passed the Equal Pay Act, which outlawed discrimination in the workplace based on a person’s sex (Foner 944). To ensure that women would have the same opportunities as men in jobs, education, and political participation, the National Organization for women was formed in 1966 (Foner 944). The sixties also marked the beginning of a public campaign to repeal state laws that banned abortion or left the decision to terminate a pregnancy to physicians instead of the woman (Foner 945).
Despite the passage of protective federal legislation in the forms of the Equal Pay Act in 1963 and Title VII of the Civil Acts of 1964, there still exists prominent gender discrimination in the workplace that negatively impacts career advancement for women. This is best seen through the case example of Ann Hopkins. Hopkins was denied a career advancement to partner status within Price Waterhouse solely based on her perceived femininity and not the quality of her previous work for the company. This incident occurred in 1982, roughly 20 years after the passage of the Equal Pay Act and Title VII. Although the Equal Pay Act and Title VII have made great strides towards economic gender equality in the United States, they are by no means complete. The United States needs additional legislation in order to guarantee equal pay for equal work.
“The Rights of Pregnant Women.” NARAL Pro-Choice America. 24 March 2004. <http://www.naral.org/Issues/pregnantwomen/> {unrestricted; internet publication}
Since the time women were eligible to be an employee of a workplace, they have become victims of discrimination. Discrimination is the practice of treating a person or group of people differently from other people (Webster, 2013). Thousands of women have suffered from discrimination in workplaces because they are pregnant, disabled, or of the opposite sex. It is crazy to think that someone would fire a woman because she became pregnant and needed to have some work adjustments ("pregnancy and parenting"). A woman goes through a lot of giving birth to children, and men will never understand the complications a mother encounters during the pregnancy.
The Pregnancy Discrimination Act of 1978 was passed by the United States Congress as an amendment to the sex discrimination section of the Civil Rights Act of 1964. The Pregnancy Discrimination Act (PDA) of 1978 amended TitleVII to require that employers treat maternity leave the same as any other personal or medical leave. (Mathis, R. page 81) Title VII states that discrimination on the basis of pregnancy, childbirth, or related medical conditions is a form of sexual discrimination. The PDA is closely related to the Family Medical Leave Act (FMLA) of 1993. (Mathis, R. page 81) Prior to this Act being passed, there was two cases that was open that specifically dealt with issues of discrimination
It is, therefore, natural for most companies to think that women cannot be as capable as men in terms of assuming strenuous or challenging positions because women, by default, become less participatory and more vulnerable when they start to have family and children. Apparently, this situation has led to various gender discriminations in the labor market. In conclusion, although the roles of men and women have radically changed over the turn of the century, it is still inevitable to have various gender-related occupational differences because the social and biological roles of women and men do not really change. Society still perceives women as the home makers and men as the earners, and this perception alone defines the differing roles of men and women in the labor market.
Women were drawn into the work place in the 1960's when the economy expanded and rising consumer aspirations fueled the desire of many families for a second income. By 1960, 30.5 percent of all wives worked and the number of women graduating from college grew. (Echols, 400) Women soon found they were being treated differently and paid less then their male co-workers.