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Gender still plays a significant role in the American workplace, but developments in the law and public policy initiatives have changed its impact drastically over the past four decades. The objective of this course is to consider how and why these changes have occurred, as well as to discuss potential public policy developments that could further limit the negative impact of gender on the workplace lives of American women.

Starting with a brief review of the historical and cultural background, including the impact on women of the protectionist laws of the early 20th Century, the class will examine in depth the effects of the equal employment opportunity laws of the latter part of the century. These laws expressed public policy by outlawing sex discrimination in the workplace and attempting to narrow the wage gap between men and women. Taking us up to the present, the Family Medical Leave Act and similar state statutes have taken tentative steps toward changing the ways in which family responsibilities affect women’s careers. We will discuss the implementation of these laws by federal and state agencies like the EEOC (including affirmative action) and the role of litigation and court decisions. In addition, we will discuss public policy efforts reflected in the proposed Equal Rights Amendment and the Glass Ceiling Initiative, focusing on the role of women’s organizations and think tanks in bringing about change.

Course outline

October 9 and 16:   Protective Legislation and Judicial Action from 1900-1960: the Impact on Women in the Work Force

October 16 and 23:    Outlawing Sex Discrimination: Title VII of the Civil Rights Act of 1964; the Pregnancy Discrimination Act; Sexual Harassment in the Workplace

October 30:    Narrowing the Wage Gap: the Equal Pay Act; Title VII; the Comparable Worth Theory; Recent Developments: Ledbetter v. Goodyear Tire

November 13:   Guest Lecture: The Equal Rights Amendment (Its Rise, Fall and Potential Rebirth)

November 20:   Affirmative Action (Its Rise and Fall): Executive Order 11246; Gender Issues in the Contingent Workforce

November 27:   Creating Public Policy: Roles of Women’s Organizations and Think Tanks; the Glass Ceiling Initiative

Recommended reading for background and discussion includes the following:

Eleanor Flexner, Century of Struggle (enlarged edition, 1996)

Carol Hymowitz and Michaele Weissman, A History of Women in America

Betty Friedan, The Feminine Mystique (recommended: W.W. Norton paperback with 2001 introduction by Anna Quindlen)

Linda K. Kerber, No Constitutional Right To Be Ladies

Susan Estrich, Sex and Power

Barbara Ehrenreich, Nickled and Dimed

Alice Abel Kemp, Woman’s Work: Degraded & Devalued (Prentice Hall paperback, out-of- print but available used)

Various Case Laws will be mentioned or discussed during the course.

Leader: M. Elaine Jacoby, whose practice of law concentrated in the areas of employment and civil litigation.

Tuesday: 2.00 to 4.00 p.m.

8 weeks beginning October 9.