Women at work
Women face workplace discrimination in many areas of employment. This discrimination has often been based on preconceived notions that relate to women being seen as weak and uncommitted to work. This stereotyping and resulting discrimination has prompted laws and legislation to protect women from discrimination in the workplace.
Pregnancy
In 1978, the Civil Rights Act of 1964 was amended to include the Pregnancy Discrimination Act. This amendment makes it unlawful for employers to discriminate against a woman because of her pregnancy, childbirth, or any medical conditions related to the pregnancy. This amendment was necessary as women being being terminated from employment and were not being hired because of a pregnancy. Employers feared that pregnant women would not return to work or may take too much time off of work.
Even with the passage of the Pregnancy Discrimination Act, women continued to face discrimination in the workplace due to a pregnancy or childbirth. Women who took time off of work to have a child or care for the child were being terminated from employment or when they returned, were placed in a lower paying position. In 1993, the Family Medical Leave Act was passed. It requires employers to allow 12 weeks of leave for the birth or adoption of a child. FMLA further required that the woman's job is preserved at the same pay, or she is returned to a similar position at the same pay.
Compensation
According to the United States Department of Labor Statistics, in 2005, women's median earnings were 81 percent that of men. Although 43.6 percent of women were full time wage and salary earners, they only made up 31 percent of the highest earnings. These statistics are indicative of decades of unequal compensation among men and women. This pattern of discrimination prompted the passing of the Equal Pay Act of 1963. The EPA makes it unlawful for employers to discriminate in compensation, among men and women. More specifically, it requires that men and women who hold similar positions, possess similar skills and perform similar job duties, are given equal pay. Some exceptions are pay scales that are based on a merit-system or quantity of work.
Promotion
Women who hold professional and managerial positions have found that despite stellar professional qualifications and educational backgrounds, they are unable to advance through the "ranks" to top levels in an organization or company. This is known as the "glass ceiling" and further refers to difficulties women have rising to the upper echelons of business. Title II of the Civil Rights Act of 1991, also known as the Glass Ceiling Act of 1991, was created because women "remain underrepresented in management and decision making positions in business." It further explains that artificial barriers exist and the there is a lack of access to "credential building developmental opportunities. Title II established a commission to research and report on the glass ceiling effect and possible remedies. Although Title II recognizes the "glass ceiling" that exists, it does not make it unlawful. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate in employment practices, including promotion, based on a person's sex. It is under this law that claims of sex-based discrimination should be made.
Sexual Harassment
Although men can be sexually harassed in the workplace, women tend to experience workplace sexual harassment in larger numbers. According to the Harris Poll, 31 percent of women and 7 percent of men reported being sexually harassed at work.
Sexual harassment constitutes gender discrimination under Title VII of the Civil Rights Act of 1964. It is defined as unwelcome conduct of a sexual nature, which includes comments and physical contact. This conduct has to rise to a level that is constitutes a hostile working environment. In most cases, sexual harassment is not an isolated incident or offhanded remarks. However, there are instances where a one-time incident can be so egregious that it constitutes sexual harassment (i.e. sexual assault and/or groping of the genitals).
Gender Stereotyping
Women have been discriminated against for failing to conform to gender stereotypes. In Price Waterhouse v. Hopkins , a woman employee was denied a promotion because she did not behave in a feminine manner. The court ruled that taking an adverse action in employment practices because an employee does not conform to gender stereotypes constitutes sex (gender) discrimination under Title VII of the Civil Rights Act of 1964.
Women who have children may be subjected to gender stereotyping, in the form of caregiving responsibilities. There have and can be instances where women employees with children are viewed as being less competent. According to the Equal Employment Opportunity Commission, women workers who have children are viewed as being less capable and skilled in performing the duties of their job. This is often seen in performance evaluations, where women are subjected to changes in performance assessments, even when there has not been a change of work performance.
Tags: Civil Rights, Civil Rights 1964, Rights 1964, Title Civil, Title Civil Rights, employers discriminate