Equal Rights and Sex Discrimination: A Second Look at Equal Protection Incorporation

2013 ◽  
Author(s):  
Michael Terence Worley
Author(s):  
Richard Archer

Verbal attacks, physical assaults, and race riots were regular occurrences in the first two-thirds of the 1830s. Black reformers (and African Americans in general) and white abolitionists were the usual targets. The peak year for such assaults in New England turned out to be 1835. After that date, although individual insults and taunts continued, mass attacks on African American neighborhoods and on abolitionists of every hue tapered off and then all but disappeared. A backlash to the violence developed. Some people—through shame, embarrassment, or perhaps just a curiosity sparked by dramatic events—gave a second look to emancipation and equal rights. That might be cause for hope, but any dispassionate assessment of the decade of the 1830s had to conclude that the rights of black New Englanders were no better in 1840 than they had been in 1830. Unity and uplift were not enough.


1993 ◽  
Vol 33 (1) ◽  
pp. 37-76
Author(s):  
P. S. Carroll ◽  
P. D. G. Tompkins

In the past three decades there have been many efforts at removing discrimination between people on grounds of sex, both in legislation and in practice. It has come to be accepted that, apart from certain excluded areas, men and women should have equal opportunities and equal rights in equivalent circumstances. This ‘principle of equal treatment’ of the sexes means, amongst other things, that there must be equal rewards for the same work.Legal effect to these concepts was given by the Equal Pay Act 1970 and the Sex Discrimination Act 1975, both of which excluded from their ambit provision in respect of death or retirement and statutory instruments then in force (e.g. the Social Security Acts, which enshrine unequal State pensionable ages).In 1986, Helen Marshall successfully won her case before the European Court, that she should have the right to the same contractual retirement age as her male colleagues. As a result, the Sex Discrimination Act 1986 modified the ‘death or retirement’ exclusions of the 1975 Act to provide that one sex cannot be compulsorily retired before the other but retained the exception that permits one sex to have an earlier normal pension age.


1997 ◽  
Vol 11 (2) ◽  
pp. 292-324 ◽  
Author(s):  
Anna L. Harvey

The 1970s saw a dramatic increase in the success rate of U.S. women's organizations pursuing congressional support of legislation designed to remove barriers to the progress of women in economic, political, and social arenas. While women's organizations, including both older organizations such as the National Federation of Business and Professional Women's Clubs (NFBPWC) and newer organizations such as the National Organization for Women (NOW), had lobbied Congress before 1970, that year saw their first major lobbying success. House passage of the Equal Rights Amendment (ERA) in 1970 was followed in 1972 by full congressional passage of the ERA and Title IX of the Educational Amendments Act (prohibiting sex discrimination in education), the Equal Credit Opportunity Act and the Women's Educational Equity Act in 1974, the Pregnancy Discrimination Act and the (unprecedented) congressional extension of the ratification period for the ERA in 1978, as well as a host of measures prohibiting sex discrimination in federal programs. The legislative success of women's organizations has continued, albeit with some fits and starts, into the 1980s and 1990s with pension equity reform, child support enforcement legislation, child care subsidies, and parental leave legislation as important examples. As documented by numerous scholars, in all these cases women's organizations provided the primary lobbying support for the successful legislation.


1977 ◽  
Vol 58 (2) ◽  
pp. 67-76
Author(s):  
Marion G. Foster

If the equal rights amendment is not ratified, corrective legislation would become an alternative road toward sex equality under the law


Author(s):  
Nancy Woloch

This chapter explores the legal challenges that workplace pregnancy posed in the 1970s and 1980s. Debates about workplace pregnancy revived clashes about difference and equality that had vexed the women's movement for decades. Paradoxically, pregnancy, a badge of difference, served as a springboard to advances in equal rights. As that happened, the new direction in pregnancy policy underscored the doom of single-sex protective laws. The most enduring steps in shaping pregnancy policy were the Pregnancy Discrimination Act of 1978 (PDA), which barred discrimination against pregnant workers; the Family and Medical Leave Act of 1993 (FMLA), which offered up to twelve-week unpaid leaves to employees in larger enterprises for family and medical emergencies; and the Johnson Controls decision of 1991, which barred fetal protection regulations as a form of sex discrimination.


1985 ◽  
Vol 30 (8) ◽  
pp. 627-628 ◽  
Author(s):  
Stanley Lehmann

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