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4. Reducing Sex Segregation in the Workplace
Pages 83-122

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From page 83...
... The best examples of the former are Title VII of the 1964 Civil Rights Act, which prohibits sex discrimination in several conditions of employment, and Executive Order 11246 (11375) , which requires nondiscrimination and positive action by federal contractors.
From page 84...
... Our review of the evidence, how ever, has convinced us that enforcement of existing antidiscrimination laws has contributed to reducing sex segregation. To support conclusions about the impact of interventions, we draw on a variety of evidence, including time series data; statistical studies; case studies of specific establishments, occupations, and training or educational programs in which litigation occurred or policy changed; and surveys.
From page 85...
... Title All and the Equal Employment Opportunity Commission According to Title VII of the 1964 Civil Rights Act, employers can neither refuse to hire nor discharge any person on the basis of color, race, sex, national origin, or religion. Neither may they discriminate on these bases with respect to compensation, terms, conditions, or privileges ofemployment, nor limit, segregate, or classify employees or applicants in any way that deprives them of employment opportunities or otherwise adversely affects their employment status.
From page 86...
... It is important to note that litigation in Title VII class action cases is very complicated and often takes several years. A variety of performance measures have been used to assess the effectiveness of the EEOC: predeliberation settlement rate, conciliation success rate, case resolution rate, processing time, etc., but few time-series data are available to assess activity levels or effectiveness over time.
From page 87...
... extended the prohibition of discrimination based on sex, race, color, national origin, or religion to federal contractors. The executive order differs from Title VII in three important ways.
From page 88...
... In the first few years after the executive order was amended to include sex discrimination, this provision was essentially ignored. Sex was not included in the first rules issued to implement the order, and guidelines regarding sex discrimination were not available until Revised Order Number 4 was issued (Simmons et al., 1975~.
From page 89...
... Policy shifts are also illustrated by a series of propose(l changes in regulations that would reduce federal contractors' affirmative action obligations and exempt certain previously covered contractors from the regulations. A set of changes proposed in 1983 would limit back pay awards to identifiable victims of discrimination and limit the retroactivity of the awards to two years.
From page 90...
... In 1978 the OFCCP published regulations requiring construction contractors to carry out equal employment and affirmative action programs for women and minorities. Contractors were required to ensure that work sites were free of harassment, assign at least two women to each project, notify recruitment sources for women in writing of job opportunities, notify the OFCCP if the union referral process impedes affirmative action efforts, and actively recruit women for apprenticeship and other training.
From page 91...
... Nevertheless, these accounts of EEOC en c! OFCCP enforcement practices suggest that when Title VII and Executive Order 11246 (11375)
From page 92...
... 92 WOMEN'S WORK MEN'S WORK C~ C, C a 3u 3 ~Co E ,-= O ~ E ~ 0 3 -= .= et r _ r ~CO D ~ O O ~ _ U
From page 93...
... The consent decree also required firms to restructure their seniority systems from departmentwide to plar~twide systems so that women in typically female jobs would be competitive bidders for male-clominated jobs in other departments (and could make such moves without losing seniority; UlIman and Deaux, 1981~. The neecI for this kind of modification is demonstrated by women's lack of 3 One company withdrew Dom the consent decree negotiations, claiming that it had not discriminated in hinag and placement, but it subsequently signed two conciliation agreements with the EEOC after four years of negotiation (Ullman and Deaux, 1981)
From page 94...
... Individually these statistical studies of the effectiveness of Title VII for minorities and women have various limitations, but on balance they suggest more rapid improvement in employment status for blacks and sometimes women than would have occurred in the absence of enforcement. Most studies of the impact of Executive Order 11246 (11375)
From page 95...
... showed that increases in the unemployment rate in the early 1970s substantially hampered the effectiveness of Title VII with respect to equalizing the earnings of men and women. A study based on more recent data provides evidence that the federal contract compliance program is generally effective in improving employment opportunities for minorities and women.
From page 96...
... Efforts by Employers to Reduce Sex Segregation During the 1970s many companies set out to increase female employees' job opportunities, and toward the end of the decade social scientists investigated the impact of some of these efforts. These studies provide
From page 97...
... According to a Conference Board survey of 265 large corporations, the most i~nportant factors for increasing women's opportunities were top-level commitment to equal opportunity, implementation and dissemination of an equal employment policy that included goals and timetables, analysis of how the company used women and the modification of personnel practices as necessary, the monitoring of organizational performance, and the identification of and response to particular problems (Shaeffer and Lynton, 19791. Other studies confirm these results.
From page 98...
... Some firms devised their own programs to train women who were already employed in typically female jobs for new work. The presence of a few women in skilled jobs showed others that it was worth the initially unpleasant work (Shaeffer and Lynton, 19794.
From page 99...
... Most important for overall success was commitment to equal employment opportunities for women, manifested in specific policies, goals, and timetables and coupled with a monitoring system and sufficient resources. Since managerial commitment is linked to awareness offederal regulations and offederal enforcement efforts, these findings provide additional grounds for the importance of maintaining federal EEO programs.
From page 100...
... As early as 1964 sex discrimination in apprenticeship was outlawed, and Executive Order 11246, as amended, prohibits discrimination in programs supported by federal contractors. Prohibiting discrimination has not been very effective in bringing women into apprenticeship programs, however, because of many remaining formal and informal barriers to their participation, such as upper age limits and lack of familiarity with the programs (Kane et al., 19771.6 Scattered early efforts were made to increase women's participation in some allmaTe programs.
From page 101...
... One month later the Department of Labor issued regulations requiring apprenticeship programs registered with the Department of Labor's Bureau of Apprenticeship and Training (BAT) to take affirmative action to recruit women.
From page 102...
... They also stressed that age limits, although ruled by the courts to be illegal under Title VII,7 continue to keep women out of apprenticeship programs. Wo~nen's lack of mechanical skills and vocational training in secondary school also hampered them, according to Kane and her colleagues.
From page 103...
... Preliminary evaluation indicated that the performance of apprentices improved and journeymen were reassured that incompetent apprentices were not moving Trough the program. In sum, Department of Labor regulations requiring equal employment opportunity in apprenticeship seem to have contributed to women's small gains In customarily male apprenticeship programs.
From page 104...
... Statistical analyses show no evidence that WIN has contributed to reducing sex segregation among participants. In fiscal 1980, 75 percent of WIN registrants and 69 percent of those who found jobs through WIN were women.
From page 105...
... Depending on the year, between 33 and 60 percent of the women who requested placement in mixed or male-dominated occupations were not assigned to them, and only 40-56 percent of the men who requested traditionally female jobs were assignee! to a predominantly female occupation.
From page 106...
... Laws, Regulations, and Enforcement Efforts The first law that addressed discrimination in vocational education, Title VI of the 1964 Civil Rights Act, prohibited discrimination based on race, color, or national origin. In 1972, Title IX of the Education Amendments extended the prohibition to include sex discrimination.
From page 107...
... Each state was required to employ a full-time sex equity coordinator, to allocate at least $50,000 for that position, and to assess and meet the needs of special groups such as displaced homemakers, single heads of households, and people moving into nontraditional jobs. Regulations for implementing the amendments were not issued until October 1977, and not until 1979 did the Office for Civil Rights of the Department of Education (newly separated from the old HEW)
From page 108...
... At the local level, between 20 and 38 percent of the educational agencies in one study took positive steps, including: sponsoring relevant research; educating students, employers, and community organizations about inequities; encouraging student participation in sex-atypical programs; providing guidance, counseling, or job placement services for students in nontraditional programs; and offering day care for the children of vocational students (Harrison, 19801. As one teacher observed, 'mere needs to be a conscious decision and commitment to the ideas of sex equity from the superintendent of the school district on down." Yet most of the local administrators who were interviewed thought that the regulations were unnecessary, and some also said that they would not do anything to promote sex equity unless required to by federal or state laws.
From page 109...
... Enrollment data Tom 15 states that account for 55 percent of the national enrolimer~t in high school and adult vocational education programs showed an overall rise in vocational education enrollments of 4.4 percent between 1972 and 1978, but a 60 percent increase in the number of women enrolled (National Advisory Council on Women's Educational Programs, 19821. Nationally, between 1972 and 1978 the percentage of women students in traditionally female courses fell from 90.4 to 83.4, while TABLE 4-4 Percentage Female Enrollment in Vocational Education Programs by Program Area, 1972-1980 Program1972 1976 1978 1980a Employment-related41.1 36.6 45.7 Agriculture5.3 11.3 17.3 17 Distribution4S.2 40.8 51.5 52 Health84.6 78.7 78.0 75 Occupational home economics86.0 84.7 82.4 76 Office76.3 75.1 75.6 72 Technical9.7 11.3 17.6 20 Trades and industry11.6 12.7 15.4 18 Consumer and homemaking92.1 83.2 .80.2 71 Special programs44.7 33.8 32.5 Guidanceh 48.8 46.5 Remedial42.3 44.1 45.0 Industrial artsb 11.4 17.2 Others not elsewhere classifiedh 21.2 33.3 Total55.3 51.2 50.4 aAs of January 1985, 1978 was the latest year for which national summary data for vocational education war`?
From page 110...
... used case studies to identify promising approaches for achieving sex equity in vocational education. Effective strategies include establishing liaisons with employers; thoroughly orienting participants as to what to expect in the program and the job market; obtaining full support from the host organization, especially in community college settings, to maximize the program's visibility and legitimacy; providing support services to participants, especially women who have children, using existing services when possible; carefully planning and evaluating; and recruiting a competent staff who are dedicated to sex equity, know the local labor market, and can serve as role models for participants.
From page 111...
... Despite these mixed findings, there are good reasons to expect that sex-atypical programs do benefit women and contribute to reducing sex segregation in the workplace. We know that over a lifetime, male-dominated occupations pay better than female ones, and consequently women who enter male-dominated occupations stand to gain relative to those who do not.
From page 112...
... Laws, Regulations, and Enforcement Efforts During the 1970s, Congress passed several laws designed to reduce sex stereotyp ing and sex discrimination in federally supported education. These laws may contribute to reducing sex segregation in employment by modifying wo~nen's occupational socialization and by specifically preparing them for jobs typically held by finales.
From page 113...
... Approximately 20,000 school districts and institutions of higher education receive federal assistance, but the OCR completed only S compliance reviews in 1978 and 24 in 1979 (U.S. Commission on Civil Rights, 19801.
From page 114...
... . Women college faculty, usually covered by Title IX as well as the amended Executive Order 11246 and Title VII of the 1964 Civil Rights Act, showed prowess on some dimensions, such as salary, but the sex disparity in the percentage who were tenured widened (Astin and Snyder, 1982)
From page 115...
... remedial program demonstrably in creased women's career aspirations (Ernest, 1976; MacDonald, 19809. Effective programs use various tech niques, including female instructors who serve as role models or mentors and prein struction counseling to reduce any anxiety toward mathematics.
From page 116...
... In general, little scientific research has been carried out to evaluate the effectiveness of various programs to combat occupational sex stereotyping in the schools. Sundry evidence suggests that when decision makers are committed to sex equity, staff are more cooperative and change more likely.
From page 117...
... Not everyone can afford the remaining costs or obtain acceptable care, however. The 1971 Revised Order 4 that the Office of Federal Contract Compliance issued as a guideline for Executive Order 11246 recognized that federal contractors can provide child care to employees as a form of affirmative action.
From page 118...
... Flexible Work Scheduling Employers can also mitigate the constraints that women's child care responsibilities place on their access to certain jobs by permitting workers of both sexes flexibility in scheduling their working hours. The potential benefit to working parents of"flexitime" or related alternatives such as job sharing and voluntary compressed workweeks is obvious.
From page 119...
... Finally, statistical studies of the effect of Title VII or the executive order barring discrimination by federal contractors show positive enforcement effects. Although some ofthese studies can be individually criticized, taken together they suggest that antidiscrimination laws have modest effects in the intended]
From page 120...
... The results for programs aimed at reducing sex stereotyping and promoting sex equity in education are consistent with those we have seen for job training programs: small but adequately funded programs are more likely to show measurable success than large-scale interventions, probably because of the dif
From page 121...
... care contributes clirectly to sex segregation, improved availability of child care would no doubt improve women's employment opportunities generally. We note that the improved availability of chilc!
From page 122...
... The recent changes in the direction of federal civil rights policy clearly signal a shift in the philosophy of appropriate enforcement and remedies. Al cert.


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