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NJCU POLI 102 - Women’s Rights

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US PoliticsOverviewPolitical EqualitySlide 4Slide 5Slide 6Slide 7Slide 8Slide 9Slide 10Political EqualtiySlide 12Slide 13Slide 14Slide 15Slide 16Slide 17Slide 18Slide 19Slide 20Slide 21Slide 22Slide 23Economic EqualitySlide 25Sexual HarrassmentSlide 27Slide 28Sexual HarassmentSlide 30Slide 31Slide 32Reproductive FreedomSlide 34Women’s RightsUS PoliticsWomen’s RightsOverview•Political Equality•Economic Equality•Sexual Harrassment•Reproductive RightsPolitical Equality“I long to hear that you have declared an independency -- and by the way in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favorable to them than your ancestors.”-- Abigail Adams (31 March 1776)Political Equality“As to your extraordinary Code of Laws, I cannot but laugh. ... Depend upon it, We know better than to repeal our Masculine systems. Altho they are in full Force, you know they are little more than Theory...”Political Equality“We are the subjects. We have only the Name of Masters, and rather than give up this, which would compleatly subject Us to the Despotism of the Peticoat, I hope General Washington, and all our brave Heroes would fight.”-- John Adams (14 April 1776)Political Equality•Nonetheless, in 1776, at the drafting of the Declaration, women could vote in:–Massachusetts–New Hampshire–New York–New JerseyPolitical Equality•In 1777, women lose the right to vote in New York•In 1780 women lose the right to vote in Massachusetts•In 1784 women lose the right to vote in New HampshirePolitical Equality•The Constitution left voting qualifications to the states•After ratification, no state except for New Jersey allowed women to votePolitical Equality•In 1807, Women lost the right to vote in New Jersey•No women were allowed to vote in the countryPolitical Equality•1848 Seneca Falls Women’s Rights Convention•Adopt “Declaration of Sentiments”Political Equaltiy•In 1869, Wyoming (then a territory) granted women the right to vote•In 1870, Utah (then a territory) granted women the right to vote (they lose it again in 1887)•In 1886, women’s suffrage amendment is defeated (by a 2 to 1 margin) in CongressPolitical Equality•In 1893, Colorado gives women the right to vote•In 1895, women in Utah regain right to vote•In 1896 Idaho grants women right to votePolitical Equality•Other western states begin to extend women’s suffrage, either in general or for specific elections (e.g., presidential elections)–1910 (Washington)–1911 (California)–1912 (Arizona, Kansas, Oregon)Political Equality•19th Amendment (1920)–Approved by Housein 1918–Approved by Senatein 1919Political Equality•Equal Rights Amendment–First introduced in Committee in 1924–Introduced every Congress until 1972, when finally passed and sent to states for ratificationPolitical EqualityTHE EQUAL RIGHTS AMENDMENTSection 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.Section 3. This amendment shall take effect two years after the date of ratification.Political Equality•Failed to be ratified (fell 3 states short) in 1982–Reintroduced every Congress since then–SJ Res. 10 (Sen. Ted Kennedy, D-Ma)–HJ Res. 40 (Rep. Carolyn Maloney, D-NY)Political Equality•“Strict” vs. “Intermediate” Scrutiny of Discrimination•Discrimination is permissible if it is substantially related to an important state interest•Court does not view gender discrimination with the same critical eye as it does racial discriminationPolitical Equality•Goesaert v. Cleary (1948)•Upholds Oklahoma law making it illegal for women to tend bar unless they were the daughter or wife of the bar ownerPolitical Equality•Goesaert v. Cleary (1948)•Upholds Oklahoma law making it illegal for women to tend bar unless they were the daughter or wife of the bar ownerintermediate scrutinyPolitical Equality•Craig v. Boren (1976)•Court invalidates an Oklahoma law that prohibited the sale of 3.1% beer (“non-intoxicating beer”) to males under the age of twenty-one and to women under the age of 18.Political Equality•Craig v. Boren (1976)•Basically spells the end of most forms of discrimination based on gender•Very few reasons for gender discrimination stand up to the “intermediate” scrutiny testPolitical Equality•Since 1980s the Court has upheld a relatively small number of areas with gender classifications as permissible including:–differential pricing (if it promotes business)–statuatory rape laws–insurance ratesEconomic Equality•Equal Pay Act (1963)–Equal compensation for equal work–Does not address “comparable” work issue•women earn $0.76 for every $1.00 men work•2007 occupation data•2007 industry dataEconomic Equality•1964 Civil Rights Act (Title VII)–no discrimination in employment–amended in 1978 to include discrimination based on pregnancy issuesSexual Harrassment•Title VII of the 1964 Civil Rights Act also prohibits sexual harassment in the workplace•2 Forms–“Quid pro quo”–“Hostile Work Environment”Sexual Harrassment•Quid pro quo: promotion, employment, wage increases conditional or are given in exchange for sexual favors•Federal guidelines outlined hereSexual Harrassment•“Hostile Work Enviroment”–Conditions of employment are such that the actions of co-workers and management impede job performanceUniversity Policy HereStudent Version HereSexual Harassment•These include:–physical contact–remarks of sexual nature–remarks that may be considered anti-gender –visual contact–visual artifacts of a sexually offensive natureSexual Harrassment•Can employers be liable if they did not know the harrassment was occuring?•Faragher v. City of Boca Raton (1988)–Employers must take reasonable steps to ensure that conduct of the employees does not create a hostile environmentSexual Harrassment•Must employees demonstrate that they have suffered in any way from the harrasment?•Burlington Industries v. Ellerth (1988)–Employees need not demonstrate they suffered any damages -- economic, emotional, or psychological -- of harrassmentSexual Harrassment•Is same-sex harrassment possible?•Oncale v.


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NJCU POLI 102 - Women’s Rights

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