Women and Work

1. Women and Work

2. Housework • Cooking, washing dishes, doing laundry, making beds, sweeping, shopping • consumes 3-4 thousand hours a year • Male and female shared responsibility in the 1980s and beyond • Is it still women’s work?

3. The industrialization of Housework • Could we industrialize housework? • Have teams of individuals going from home to home tidying up? • Capitalism hostile to this solution ( a socialized solution) • Do women need help as they move into the work force but continue their household responsibilities?

4. Traditional to Modern Housewifery • Was extremely productive • Women produced all goods consumed in the home – did not merely clean the home. • The home based economy (pre-industrial) had women acting as full partners • Industrialization shifted this responsibility away from women – traditional jobs taken by factories everything from starch production to foods such as butter were mass produced

5. The “housewife” • Women’s work identity redefined to reflect a less important domestic role. • Contradicted by the working classes of women in the North and the slave classes of women in the South • The housewife was really the great minority category

6. Propaganda and Housewives • The housewife was the ideal version of womanhood in the 1800s. • Women compelled to work for wages were viewed with suspicion • Leads to a weaker position vis-à-vis employers (increased exploitation).

7. Private and public economies • The home and the public arena still structurally separated. • Is there damage – systemic inequality to those who perform housework and those who do not? • Are black women historically freer than white women of the middle classes as a result?

8. Why are Women poorer than Men? • “They were having children” Virginia Woolfe • Women are disproportionately found among the poor. • The single greatest predictor of poverty for women is the number of children they have.

9. Female income -- generalizations • Women earn less than men for the same work • Their share of national income is less • Income by gender and race puts African American and Hispanic women at the very bottom. • If married and working they earn less than their husbands • Single heads of household (female) earn less than households headed by men.

10. The feminization of poverty • Women are a majority of adults in poverty. • Poverty is different for women than it is for men. • Severest for women with young children and women over age 65 • In the mid 1990s: 52.6% of all poor families were headed by women

11. A Global Characteristic • The traditional view of women as primary caregivers has made women vulnerable to poverty. • When the preferred family unit (in support of female economic dependency) does not exist or dissolves, women’s economic vulnerability combines with wage discrimination to move them to the poverty range. • Women are systematically at the bottom of the economic ladder across countries.

12. Systematic Factors • Social and political institutions and practices likely the problem • Is women’s poverty different from men’s? If so will it respond to similar policy initiatives? • Capitalist structures • Family gender roles • Segregated labor markets • Failure of government policy • Personal and Cultural factors

13. Capitalism • Capitalism is oppressive of all workers • Capitalism combined with patriarchy maintains an inferior status for women • Requires some free labor – provided by lowest status workers

14. Family gender roles • Women’s assignment to child and elder care is basic to society • Women must (?) marry to fulfill these roles • Choosing between a career in waged work and a career in family is possible (myth?) • When the ideal fails women are in trouble. • Must join work force and maintain the family. • This depresses earning power and thus standard of living

15. Segregated labor markets • Inadequacy of waged labor market for women • Women between the ages 25 and 32 who are also childless earn .99 to every $1 earned by men. • Other working women earn .77+/- per dollar earned by men.

16. Failure of government policy • Critics look to courts for failure to award sufficient alimony plus low levels of child support and low enforcement of support orders. • Insufficient provision of support services (day and night child care) that would enable women to stay in the work force.

17. Personal and Cultural factors • Its not (gender/racial) discrimination • It’s a culture of dependency, low aspirations, family pathology • Government support rewards this behavior.

18. Women as a percentage of the Labor Force (DOL statistics, 2003)

19. White women

20. Black Women

21. Mothers: the Full Time Wife & the Part Time Mom? • Business & Professional circles: college educated stay-at-home mother • Part-time work: 20% of married mothers with children under 18. Principal job is at home – part time work includes 1 hour a week to 5 unpaid hours in the family business • artificial inflation of the number of “working” mothers. • Nearly half of women with children under 18 are full time workers

22. Earnings • White women earn approximately 76% of what white men earn (1998 DOL) • Differences by age: • 45-54 women’s median wages are 70.5% of men’s • 55-64 women’s median wages are 68.2% of men’s • 16-19 women’s median wages are 88.5% of men’s • 20-24 women’s median wages are 89.4% of men’s (1998 DOL statistics). • All earners earned “the most” in the age category 45-54 years.

23. Earnings and Jobs • Patterns of job segregation exist in the work force • Reasons for job segregation? • Continues because legal remedies non-existent • Solution is legal remedies bringing women into higher paying jobs • Critique: do you want a government bureaucrat assigning worth? (individual approach) • Women choose their occupations because they provide greater flexibility for family demands • Solution is to build flexibility into all jobs? • Critique: should businesses be forced to accommodate families?

24. Access to better jobs? • Anti-discrimination legislation has removed barriers to education (qualification for jobs) and access to entry level positions. • At top levels there are few women. • Overt discrimination has been dealt with • What about subtle discrimination? • Stereotypes • Pregnancy • Planning wedding or newly wed • Association with individuals based on preference • Personal connections • Unequal performance standards • Components of the glass ceiling?

25. Raising pay of lower paid occupations? • Alternate solution • Raise pay of traditionally female occupations • Nurse, child care workers, bookkeepers compared to truck drivers, tree trimmers • Why a wage gap here? • People who can be paid less because they will work for less, will be paid less = capitalism • Comparable worth – assess the value of jobs and compare salaries • Unequal pay for jobs of comparable worth is sex discrimination • Adjust pay levels to match value of each job category

26. Patterns, Explanations, Policies • Women generally employed in occupations 70% female • Women tend to enter and leave labor market more frequently than men. • Women less likely to be employed full time. • Employment discrimination • Women infrequently promoted to higher paying jobs • Wage/salary information not public/frequently discrimination exists.

27. Employment Policy • Support for equality in conflict with traditional role of wife/mother • Protective legislation first public policies about women and work • Laws designed to limit hours, types of jobs, night shifts, etc. • Muller v Oregon (1908) this type of legislation constitutional – (state law limiting hours for women) because of the possibly “injurious effect of certain working conditions on women’s maternal role.” • Frequently no policy on women and work • This allowed employers to deny women access to jobs

28. Equal Employment Opportunity Policy • Women’s Bureau 1920 (in DOL) • Charged with “formulating standards and policies to promote the welfare of wage earning women” • Executive Order 8802 (FDR-1941) forbidding employment discrimination in defense industries • First comprehensive federal equal employment opportunity law not enacted until 1964 – Title VII of the Civil Rights Act. • Reasons for federal action: • Increase of women in work force • Government new role in managing economy (depression) • Supreme Court accepts constitutionality of this role.

29. Federal Efforts • Three problems: unequal access to jobs, unequal pay, discriminatory laws. (Merit, same pay for same work.) • Initial efforts temporary war measures designed to recruit into the work force. • Fair Labor Standards Act 1938 • Prohibits job classification by gender • Requires fair treatment for wage and hourly workers • Payment of minimum wage for certain kinds of employment

30. Title 7 • Representative Howard Smith D- Va added gender to the list of categories under which employment discrimination would be prohibited. • Comprehensive measure to ensure equal employment opportunity for women by prohibiting discrimination in hiring or discharging and in determining compensation, terms, conditions, or privileges of employment. • Who does it apply to? • Federal government, unions, firms 15+ employees, employment agencies. In 1972 amended to apply to state/local government agencies, small firms, educational institutions.

31. Title 7 and Enforcement • Originally no enforcement body • Equal Employment Opportunity Commission created but given limited power to pursue action against discriminating firms. • Today, EEOC can bring suit on behalf of employees, this can be done individually or as class action, penalties are judicially issued cease and desist orders. • The original complaint must come from the employee – EEOC has no independent oversight of any employer.

32. Pregnancy Discrimination Act of 1978 • Title 7 amended in 1978 to prohibit discrimination against pregnant women. • Covers all aspects of employment: (theoretically) hiring, promotion, seniority rights and job security. • Requires Employers who offer health insurance and temporary disability plans to include coverage for pregnancy, childbirth and related medical conditions. • What’s the subtle problem of pregnancy and the workplace for women today?

33. Family & Medical Leave Act 1993 • 12 weeks unpaid leave • Childbirth/adoption • Serious illness/care for ill family member • Applies only to employers with 50+ employees • Eligibility determined by time with employer (approx 32 weeks) • Some employees not eligible, eg., those whose leave would cause serious economic injury to the employer.

34. Executive Orders • E.O. 11246 – Johnson – prohibited employment discrimination by employers with federal contracts (1965). • E.O. 11375 amended 11246 and included gender as a prohibited category (1967). • Complaints: DOL’s Office of Federal Contract Compliance Programs (OFCCP) • Are women/minorities underemployed? • Severest punishment is cancellation of contract. • Contracts subject to on site compliance reviews.

35. Implementation of EO Policy • Is policy implementation effective? • 1967 through 1970s complaints increased and enforcement increased. Over time the enforcement process became disorganized and thereby weakened. • 1981-1992 Reagan/Bush era decrease in effort and effectiveness of enforcement and implementation.

36. Why was enforcement problematic? • 1981 resources for enforcement cut. • Political appointees pressured for reduction in enforcement activities and for restrictions on criteria of “fair employment practices”. • Court activity produces mixed results: • Schultz (1970): “substantially equal work” • Grove City (1984): restricts application of EO law only to specific federal programs within an entity receiving federal dollars (overturned by Civil Rights restoration Act 1988). • Hopwood (1996) banned race as admissions factor. Minority enrollment dropped 50% from 300 to 150 students (U Texas system).

37. Affirmative Action repealed • 1996 CA bans use of sex/race college admissions – minority applications drop (UC Berkley) 57%. • SC moves affirmative action to strict scrutiny in 1995. • Remedying past discrimination no longer a goal.

38. Sexual Harassment “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment” (82).

39. Fourth Circuit Court of Appeals Cases • http://207.41.17.117/ISYSquery/IRL5B47.tmp/1/doc • http://207.41.17.117/ISYSquery/IRL5B47.tmp/2/doc • http://207.41.17.117/ISYSquery/IRL5B47.tmp/3/doc • http://207.41.17.117/ISYSquery/IRL5B47.tmp/5/doc • Oncale 1998 Same sex harassment a violation of T7

40. Burlington Industries v. Ellerth (1998) • Tangible job detriment??? • Ellerth a Burlington merchandising assistant • A VP made sexual advances, Ellerth resisted career proceeded without apparent harm. • Promoted, one year later resigned and brought suit. • SC decision makes employer liable for actions of supervisory employees w/authority over others if they contribute to a hostile environment because of sexual harassment.

41. Employer Defense • Demonstrate “reasonable care” to prevent/remedy sexual harassment. • Having an effective policy with complaint procedure in place. • Must demonstrate that complaining employee failed to use the procedures in place • Employer must demonstrate absence of tangible harm to complaining employee.

42. Proof of Discrimination? • 1) intent to discriminate • Exists with written or verbal confession • Highly unlikely • 2) disparate treatment • Hiring – qualified individual can demonstrate not hired • How does someone who was not hired obtain this information? • 3) disparate effects • Supposedly neutral criteria used in employment decisions do not have neutral effects.

43. Outcomes? • If laws have been effective employment gaps between women/minorities and white men should be closing or closed (1964-2004). • Women in: • 1983: 8.1% of workers in trade – 9% in 1996. • 1978: 26% management – 1996 43.8% (managers in gender segregated fields, education, health care, personnel). • Women remain concentrated in low paying occupations e.g.: librarian salary approximates (slightly higher) salary than precision machine operatives – at bottom 1/3rd of male earnings. ‘The Pink Ghetto”

44. Pink Ghetto and Comparable Worth • Equal pay law is irrelevant if women concentrated in low paying jobs. • Equal pay for equal work? Substantially equal work? • Equal pay for work of comparable value to the employer? • What’s the value of different jobs in terms of their worth to the employer? • Equal pay for work requiring equivalent skill levels, effort, responsibility? • Employers classification of jobs on point scale?? • Is this simply a market problem that government has no responsibility to correct?