Tradeswomen Legal Advocacy Manual

History of Tradeswomen Litigation

The “History of Tradeswomen Litigation” is a summary of over 181 cases brought by tradeswomen since the passage of Title VII of the Civil Rights Act of 1964 against their apprenticeship programs, their unions, and the myriad of entities that have employed them, from construction companies and other private employers to governmental agencies and public utilities. Each case has been analyzed to discern the legal theories relied upon, the facts and evidence supporting these theories, the reason the legal claims were won or lost, and the lessons to be learned from the case so that future tradeswomen and their advocates can avoid the pitfalls and take advantage of their sisters’ past efforts to open up the construction trades and other non-traditional crafts to women.

This document is currently comprised of nine Appendices as follows:

A Master Case Index
(Alphabetical List of Cases with Page Numbers Identifying Where the Cases Appear in Exhibit J)

B Index of Cases by Outcome
(Win/Mixed Success/Loss)

C

Index of Cases by Type of Plaintiff and Outcome

  • Individual Plaintiff (only one tradeswomen filed suit)
  • Multiple Plaintiffs (case brought by more than one woman)
  • Class Action (a few women represented a much larger group of women)
  • EEOC Action (case brought by the agency)

D Index of Cases by Trade Affiliation of Plaintiff
(carpenter, plumber, etc.)

E

Index of Cases by Type of Defendant

  • Private Employer
  • Government Employer
  • Union – for breach of duty of fair representation
  • Union – for other forms of discrimination
  • Apprenticeship Programs

F Index of Cases by Type of Legal Claim
(sex harassment, sex discrimination, etc.)

G Index of Cases by Circuit of Decision
(geographical breakdown of cases)

H Index of Cases by Procedural Posture
(legal proceeding which resulted in the case being reported in the law books)

I Attorneys Representing Tradeswomen Plaintiffs in Gender Discrimination Cases
(geographic list of attorneys who brought these cases)

J Case Summaries
(organized chronologically from the earliest case to the most recent, by type of defendant, and type of case: individual case, class action case or a case litigated by the Equal Employment Opportunity Commission)

How to Use this Document
To use this document, look through one or more of Appendices B through H to identify cases that you are interested in (e.g., cases by plumbers, or cases involving sexual harassment, or cases against construction companies) and write down the case name. Next go to Appendix A, the master case list, to learn what page the case appears on in Appendix J (Case Summaries) and write down these page numbers.

Note: The case may appear on several different pages because several different entities were sued.

Finally, go to Appendix J and find summaries of the cases you selected.




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