Women in strenuous jobs lost their pregnancies after employers denied their requests for light duty, even ignoring doctors’ notes, an investigation by The New York Times has found.
From the press release:
Women today earn just 49 cents to the typical men’s dollar, much less than the 80 cents usually reported, according to a new study by economists Heidi I. Hartmann and Stephen J. Rose released today by the Institute for Women’s Policy Research (IWPR).
The study, Still a Man’s Labor Market: The Slowly Narrowing Gender Wage Gap, uses the Panel Study on Income Dynamics, a longitudinal dataset to look at the gender earnings gaps between men and women in 15-year time spans. When measured by total earnings across the most recent 15 years for all workers who worked in at least one year, women workers faced a wage gap of 51 percent in the 2001-2015 period. The analysis also found that while the long-term earnings gap has narrowed significantly since 1968, progress has slowed in the last 15 years.
Source: John L. Utz, Journal of Pension Planning & Compliance, Vol. 44, No. 4, Winter 2019
It would not surprise me to learn that workplace sexual harassment has a history as long as that of working relationships themselves. The incidence of misbehavior may have varied with geography, work setting, or the times, but bad behavior seems obdurate. Power is intoxicating and, when combined with carnal impulses (and perhaps an executive’s inflated self-image and underdeveloped empathy for co-workers), makes possible mischief that is personally hurtful and institutionally corrosive.
The intractability of workplace sexual harassment has been noted with woe by a taskforce formed by the Equal Employment Opportunity Commission (the “EEOC”). That taskforce—the two co-chairs of which were EEOC commissioners—reported that studies of sexual harassment suggest 25 percent of women, at the low end, report having experienced sexual harassment in the workplace. Select Taskforce on the Study of Harassment in the Workplace, U.S. Equal Opportunity Commission, June 2016, p. 8. Also, this is the result 30 years after the Supreme Court held that workplace harassment is an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986).
Perhaps 2017 will prove to have been a watershed year, both in the effort to reduce the incidence of sexual harassment, and the effort to identify and punish wrongdoers…..
Source: Theresa A. Kelly and Alba V. Aviles, Employee Benefit Plan Review ,Vol. 72, No. 12, November/December 2018
Several states across the country (including most recently Connecticut and Massachusetts) have enacted legislation that provides additional protections to pregnant employees. In these laws, pregnancy is broadly defined to include not only pregnancy, but also childbirth and related conditions (such as lactation and expressing milk for a nursing child).
Many of these laws require an employer to reasonably accommodate a pregnant employee unless the employer can demonstrate that doing so would result in undue hardship—a difficult standard to meet. This article provides an overview of the recently enacted legislation in Connecticut and Massachusetts, as well as similar requirements in New Jersey and New York. ….
Women in the Workplace 2018 is the largest comprehensive study of the state of women in corporate America. Since 2015, LeanIn.Org and McKinsey & Company have published this report annually to give companies and employees the information they need to advance women and improve gender diversity within their organizations. McKinsey & Company also conducted similar research in 2012. This year, 279 companies employing more than 13 million people shared their pipeline data and completed a survey of their HR practices. In addition, more than 64,000 employees were surveyed on their workplace experiences, and we interviewed women of different races and ethnicities and LGBTQ women for additional insights. Since 2015, 462 companies employing almost 20 million people have participated in the study.
Based on four years of data from 462 companies employing almost 20 million people, including the 279 companies participating in this year’s study, two things are clear:
1. Women remain significantly underrepresented, particularly women of color.
2. Companies need to change the way they hire and promote entry- and manager-level employees to make real progress.
Source: Shamika D. Dalton, Gail Mathapo, and Endia Sowers-Paige, Law Library Journal, Vol. 110 no. 3, 2018
The ideal work environment provides a sense of purpose and validation. Inevitably, however, unconscious or implicit biases permeate the workplace because we all have them. These biases can be based on race, age, gender, religion, socioeconomic status, physical disability, and other characteristics. Implicit bias in the workplace can “stymie diversity, recruiting and retention efforts, and unknowingly shape an organization’s culture.” People of color, in particular, experience challenges as a result of racial microaggressions in the workplace.
Racial microaggressions are “brief and commonplace daily verbal, behavioral, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or negative racial slights and insults toward people of color.” Racial microaggressions may not raise an eyebrow right away, but they are harmful to the work environment. Due to their subtle nature, racial microaggressions can be “difficult to identify, quantify, and rectify.” For this reason,
Derald Wing Sue and colleagues identified three forms of racial microaggressions: microassaults, microinsults, and microinvalidations. …. For women of color, these effects are amplified as they have to endure both racial and gender microaggressions in the workplace. ….
Besides fighting for workers’ benefits, unions can influence whether workers take advantage of the ones already available to them, a new study shows.
Labor Unions Help Employees Take More Paid Maternity Leave
Source: Vanderbilt University – Owen Graduate School of Management, Press release, September 20, 2018
Union-represented working mothers are at least 17 percent more likely to use paid maternity leave than comparable nonunion working mothers Facilitating working mothers’ use of paid maternity leave is a key issue for policymakers and workers in many countries. And the United States is far behind in this global movement; the United States is the only industrialized nation that lacks universal paid leave for new parents, although there are now a very small number of state-based programs and many employer-provided plans.
…. Park, in new research to be published in the Industrial and Labor Relations Review, breaks down the leave-taking decision into four key steps:
– Availability: The policy needs to be available,
– Awareness: the worker needs to be aware of it,
– Affordability: the worker needs to believe she can afford to take a leave, and
– Assurance: the worker needs to have implicit or explicit assurances that taking paid leave is unlikely to result in negative consequences…..
From the press release:
The U.S. Equal Employment Opportunity Commission (EEOC) announced preliminary FY 2018 sexual harassment data today – highlighting its significant work this past fiscal year to address the pervasive problem of workplace harassment. What You Should Know: EEOC Leads the Way in Preventing Workplace Harassment recognizes key milestones of the agency to actively enforce the law, to educate and train workers and employers, and to share its expertise on new solutions to reduce harassing conduct in the workplace. ….
Based on preliminary data, in FY 2018:
– The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase in suits challenging sexual harassment over fiscal year 2017.
– In addition, charges filed with the EEOC alleging sexual harassment increased by more than 12 percent from fiscal year 2017.
– Overall, the EEOC recovered nearly $70 million for the victims of sexual harassment through litigation and administrative enforcement in FY 2018, up from $47.5 million in FY 2017.
The recent wave of sexual harassment allegations against media, sports moguls, politicians and people of power over the past year has prompted many state legislatures to address how they are protecting their state’s workers. Many state legislatures are looking to go beyond federal regulations to prevent workplace sexual harassment.