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Affirmative action for
women in employment
Title VII of the Civil Rights Act of 1964 and Executive
Order 11246, as amended by Executive Order 11375 in
1967, provided the initial legal basis for affirmative
action for women in employment in the United States.
Signed into law by President Johnson in 1965, Executive
Order 11246 barred discrimination on the basis of
race, color, religion or national origin in federal
employment and in employment by federal contractors
and subcontractors.
In 1967, Executive Order 11375 expanded Executive
Order 11246 to include women. After considerable pressure
from women’s groups, the sex discrimination
provisions of the orders finally began to be enforced
in 1973.
The order requires federal contractors and subcontractors
to “take affirmative action to ensure that applicants
are employed, and that employees are treated during
employment, without regard to their race, color, religion,
sex or national origin.” Specific actions outlined
in the order include upgrades, transfers, recruitment,
compensation, and training.
Affirmative action for women in education
Title IX of the Educational Amendments of 1972 provides
the basis for affirmative action for women in education.
Educational institutions receiving federal funds are
required to take “specific steps designed to
encourage individuals of the previously excluded sex
to apply for admission.”
Notwithstanding the law, women faculty members receive
far lower salaries than their male counterparts. Overall,
women faculty make 81 cents for every dollar men faculty
are paid. The wage gap persists even among tenured
faculty members. Women who are full professors make
only 88.5% of the salaries of men who are full professors.
Despite being the majority of high school and grammar
school teachers, women are underrepresented in administrative
positions. Women accounted for only 30% of all public
school principals during the 1990-91 school year.
Affirmative action in federal contracting
In 1978, the Small Business Act, Section 8 (d), set
aside at least 10 percent of federal contracts for
“socially and economically disadvantaged businesses.”
In 1989, the CITY OF RICHMOND vs. JS. CROSON COMPANY
case restricted the reach of affirmative action laws,
struck down minority set-asides for public contracts
because no past history of discrimination was shown,
and made state and local affirmative action programs
subject to strict standards by the courts. |
“The contractor will
take affirmative action to ensure that applicants
are employed, and that employees are treated during
employment, without regard to their race, color, religion,
sex or national origin.”
—President
Lyndon B. Johnson
Executive Order 11375
“Affirmative Action is a policy that grew out
of many years of trying to navigate between two unacceptable
paths. One was to say simply that we declared discrimination
illegal and that’s enough. We saw that that
way still relegated blacks with college degrees to
jobs as railroad porters, and kept women with degrees
under a glass ceiling with a lower paycheck.
“The other path was simply to try to impose
change by leveling draconian penalties on employers
who didn’t meet certain imposed, ultimately
arbitrary, and sometimes unachievable quotas. That,
too, was rejected out of a sense of fairness.
“So a middle ground was developed that would
change an inequitable status quo gradually, but firmly,
by building the pool of qualified applicants for college,
for contracts, for jobs, and giving more people the
chance to learn, work and earn.”
—President Bill Clinton |