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Lesson 03: Gender, Work, and Families
Federal Statutes
Three federal statutes, namely Title VII of Civil Rights Act of 1964; (2) the Equal Pay Act (EPA), which was enacted in 1963; and (3) the Pregnancy Discrimination Act (PDA), which was enacted in 1978 have contributed to the entry of women in the workplace. In 2009 the Lilly Ledbetter Fair Pay Act was signed into law with the goal of eliminating wage disparity based on gender. These statutes also provide women with protection by prohibiting gender discrimination in the entire broad scope of employment-related actions, including hiring, compensation, training, recruiting, promotion, terms and conditions of employment, and termination.
As it does with race and color, Title VII outlaws gender discrimination with respect to virtually the entire scope of employer actions toward an employee. The Equal Pay Act, an amendment to the Fair Labor Standards Act, makes it illegal for employers to pay different rates of pay for essentially equal work on the basis of gender. The Pregnancy Discrimination Act prohibits employer discrimination against females based on pregnancy. The Fair Labor Standard Act which addresses minimum wages, and the Family and Medical Leave Act of 1993, which protects an employee's job for up to 12 weeks for certain medical and family reasons are other pieces of legislation that protect women in the workplace. Under the Lilly Ledbetter Fair Pay Act, in order to bring a legal claim against an employer for discrimination, an employee has to file a charge with the Equal Employment Opportunity Commission (EEOC) within certain time after the discriminatory act has occurred. The law restarts the 180-day time limit for filing a charge of discrimination with the EEOC after each discriminatory paycheck is received. It applies to all claims of pay discrimination (based on sex, race, color, religion, national origin, age or disability).
Please take a few minutes to watch the video by PBS News Hour, Must Employers Make Special Considerations for Pregnant Workers?
Sexual Harassment
As more women entered the workplace they also faced sexual harassment. To be illegal under Title VII, sexual harassment must be found to have been based on the harassee's gender. Another issue that may confront organizations in the workplace is workplace romance, which can create legal and performance problems for the employer requiring non-fraternization and sexual harassment policies as well as training.
Clearly, organizations have to understand and properly implement the statutes and policies designed to protect women and men as well as to promote gender equity in the workplace. This section of the course will examine various readings to help us understand the nature of the challenges with respect to gender equity in the work place. The following sites also provide statistical information on the number of cases filed with the EEOC: