Key Womens Issues: Pregnancy Discrimination, Pay Equity, and the Glass Ceiling - Example

Key Women’s Issues: Pregnancy Discrimination, Pay Equity and the Glass Ceiling Key Women’s Issues: Pregnancy Discrimination, Pay Equity and The Glass Ceiling Within the Unites States, sexual discrimination or discrimination on the basis of gender has long been customary, sharing of a much broader process of discrimination against females that is global as well as ancient. It’s been a recent phenomenon in the industrialized nations, that the social laws and movements have recognized the women’s right to have their own personal property, marry a person of their choice, vote, and determine the number of offspring they intend to bear or get equal opportunities within the workplace. Gender discrimination within a workplace against female employees can be explained as the practice of considering their gender as an unfavorable element while deciding them able for the job or promotion opportunity or getting other employment related benefits (Murphy & Graff, 2005). Although since the resolution of Roe v. Wade, within United States, women have gained significantly in various ways within the society (McBride, 2007). The institution of two women i.e., Condoles Rice and Hillary Clinton, on key roles in the United States presidential administration consecutively is a significant achievement. Moreover, big corporation giants like PepsiCo, Budweiser of Pepin Distributing Company, Hewlett Packard have been managed by female Chief Executive Officers. Yet, in spite of all the achievements acquired by women on individualized basis, the full participation of women in the society requires the passage through a path filled with sociological obstacles. Most significant amongst these issues of women include pay equity, pregnancy discrimination and the issue of glass ceiling. While the news of arrival of a new family member may bring joys for the family members but breaking this news in front of the employer is still a difficult decision for various women. Within the workplace, the female employees are often submitted to insidious discrimination by either sex. Women despite their qualifications can be bypassed for advancements since they turn pregnant often referred as pregnancy discrimination or since they may turn pregnant thus showing gender discrimination and therefore an even less qualified man may be provided the same job or promotion just because of his gender. Women are provided a protection in the United States against such discrimination by federal and state legislations. Pregnancy has been viewed as a “temporary impairment” by the Federal administration and therefore the employers are needed to treat it in similar manner. A period will be required by the new pregnancy to get used to and therefore, the employer’s flexibility must be tested by the women in order to ascertain the way their pregnancy can be conciliated (Rochman, 2012). Among various forms of the gender discrimination, glass ceiling is one too. This basically refers to the inconspicuous barriers that forbid women from mounting the managerial ranks just because the executive positions or the upper most levels are only rendered to men. Policies of glass ceiling are not formally written, and on certain occasions may be referred as the network of old boys but regardless of its name, it is a basically intended to refrain the women from getting to higher hierarchical positions. Therefore it is basically a manner to explain whatever holds women from acquiring equal success and power to that of males. The metaphor points out on the rise up of an employee through the higher hierarchical positions within an organization. Employees mount higher upon getting promotions, their salaries are raised and more opportunities are provided. Despite all the legislations to protect women from such discriminations, women are still barred from getting higher positions. In spite of protective anti-discrimination legislations that categorize gender discrimination as unlawful, the managerial practices at various small, medium as well as even in come big corporations usually privilege the progress of men. The United States Congress agreed upon a PDA or Pregnancy Discrimination Act in the year 1978, in an attempt to do away with discrimination of women on the basis of pregnancy. Though the PDA as well as the lawsuits filed on the basis of PDA has assisted relieve some long-enduring injustices, but still pregnancy discrimination exists as a reality for various female workers. In reality, in the past ten years, the figure of pregnancy-associated discrimination accusations have climbed up by thirty five percent and one in five these five discrimination accusations pointed by women is related with pregnancy as mentioned by EEOC. This agency has covered fifty two thousands pregnancy cases since 2001 and the damage caused by these cases amounted to one hundred and fifty million dollars (Rochman, 2012). In the twenty first century, the pregnancy discrimination continues in workplace, depriving women, unnecessarily of the ways of supporting their households. Upon giving birth, the women are again discriminated by imposing motherhood wage penalties amounting to five percent per child though upon assuring for experience and education. In spite of substantial gains acquired by women in the United States politics and business life by the year 1990, eighty to ninety percent of women have reported that they have experienced unequal pay and job discrimination and the accusations of gender discrimination registered with EEOC increased by twenty five percent in the 1980s. When the Civil rights act was revisited by United States Congress in 1991, the new amendment admitted the institution of a Glass Ceiling Commission for the purpose of investigating obstacles to minority and female progression in the workplace (Rochman, 2012). Federal Laws of United States Prescribing Equality of Gender in the Workplace The Civil Rights act that was passed during 1964 contains Title VII which basically provides the basic federal legislation for institution of equality of gender in the work place. Other laws untended for the purpose include the 1963’s Equal Pay Act, the Executive Order 11246 and the 1973’s Pregnancy Discrimination Act (according to which, the discrimination on the basis of gender involves prejudice against women on the grounds of pregnancy). Then another act was enacted by the Congress in 1994 named as the Violence against Women Act. The basic aim of this act was to cope with federal crimes pertaining to ferocity against women. However, this act has been recently extended to two of the cases of federal district court so that it could be applied to individual supervisors in the workplace. The Equal Pay Act as well as the Title VII was instituted in agreement with the powers of U.S. Congress specified by the United States’ Commerce Clause. Title VII also includes the later Pregnancy Discrimination Act or PDA that was included in 1978 intended to grant protection against gender discrimination on grounds of pregnancy. It enforces that an employer is barred from inquiring about pregnancy from a potential employee during interview. Moreover, it also provides that an employer is not allowed to refuse the hiring of a candidate on the grounds of her pregnancy (Advameg, 2014). Equal Pay Act This act was passed in the year 1963. This act prevents only gender discrimination on the basis of pay, guiding that women as well as men having same job responsibilities will be provided equal pay. Whilst the terminologies utilized in this legislation are not gender specific, and therefore men could possibly be plaintiffs, although the typically woman is a plaintiff, and is required to demonstrate the court that she has been provided less remuneration as compared to a man working on the same post in the same organization. "Significant equivalence" can be demonstrated if two of the jobs involve equal skills, equal effort, same working environment and equal responsibility. Upon instituting these elements, the plaintiff is then needed to demonstrate that the remuneration inequality is rationalized by merit, seniority, amount or quality of production, and any element other than gender. Remedies under the Equal pay act for winning claimants admit retrieval of back pay, whereby an equal amount may be received by Plaintiffs in the form of liquidated damages. In contrast to the Title VII executes, claimants of Equal Pay Act are not required to follow up on administrative remedies by the EEOC although it is enforced by EEOC (Advameg, 2014). Taking into consideration the fact that around forty seven percent of the United States workforce is female employees and these are either the principal or co-principal earners in around sixty seven percent of the families (Rochman, 2012). In such a case, getting fired or being refused a job on the grounds that an applicant is wishing to increase her family would ultimately give rise to a multifaceted problem. Therefore it is quite clear that women are not in a condition to lose their incomes or jobs on the grounds of childbirth or pregnancy. And to ensure that almost half of the work force of United States is protected from such gender discriminations, the present legislations are needed to be enforced in a better way and the employers are required to be guided in a better way on the ways they could comply with the legislations. The discrimination confronted by pregnant female employees and caregivers has remained for various decades, in spite of the court decisions and laws that attempted to exterminate such unfairness long ago. References Advameg, Inc. (2014). Gender Discrimination. Reference for Business. Retrieved from http://www.referenceforbusiness.com/encyclopedia/For-Gol/Gender-Discrimination.html McBride, A. (2007). Landmark Cases. Pbs.org. Retrieved from http://www.pbs.org/wnet/supremecourt/rights/landmark_roe.html Murphy, E. & Graff, E. J. (2005). Getting Even: Why Women Don’t Get Paid Like Men—and What to Do About It. New York: Touchstone. Rochman, B. (2012). Pregnant at Work? Why Your Job Could Be at Risk. Time. Retrieved from http://healthland.time.com/2012/02/16/pregnant-at-work-why-your-job-could-be-at-risk/ Read More