Women's Labor Law
- Under the Equal Pay Act of 1963, an employer must pay male and female employees the same amount for equal work. Job duties and responsibilities, rather than job titles, determine whether men and women are performing equal work. Equal pay refers not only to salary or wages, but also bonuses, benefits, travel expenses and all other forms of compensation. Employers may not remedy a disparity in wages between men and women by reducing the pay of employees of either sex.
- The Civil Rights Act of 1964 was a landmark event that expanded on the rights of the Equal Pay Act. It prohibited discrimination not only on the basis of sex, but also race, color religion and country of birth. It expanded protections for employees beyond pay to include discrimination in any area of employment. For example, employers must treat men and women equally in areas such as recruitment, hiring, firing and promotions. In addition, the law banned any form of harassment in the workplace, officially making sexual harassment illegal.
- This law amended the Civil Rights Act in 1978 to specifically outlaw discrimination on the basis of conditions relating to pregnancy and childbirth. Employers may not turn down a woman for a job on the basis of her pregnancy or because fellow employees, clients or customers might have an issue with the woman's condition. Regarding accommodations such as reassignments or alternate work schedules, employers must treat pregnant employees the same as other employees with temporary disabilities. Employers' health insurance plans must cover costs for pregnant women on the same basis as for employees with any medical condition, but do not have to cover abortion.
- Originating in 1993, the Family and Medical Leave Act included stipulations that can benefit female employees. Employees who meet eligibility requirements can take up to 12 weeks off per year under certain circumstances and have the right to return to work. The circumstances that qualify eligible employees for FMLA leave include the birth and adoption of a child, as well as serious health conditions of a spouse, child or parent. Employers must keep employees on the payroll for up to 12 weeks while they are on leave and allow them to maintain health insurance while on leave by paying the appropriate premiums.
- An essay by the National Center for Policy Analysis examined whether federal labor law implicitly discriminates against women. The Fair Labor Standards Act requires employers to pay overtime when workers exceed 40 hours of labor per week, and specifically prohibits the substitution of compensatory time off for overtime pay. The NCPA analysis argued that women, who remain the primary caregivers for their families more often than not, would benefit from provisions allowing them to choose comp time rather than overtime pay and agree to flexible work schedules.
Equal Pay Act
Civil Rights Act
Pregnancy Discrimination Act
Family and Medical Leave Act
Additional Considerations
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