Taking Sex Discrimination Seriously

The fiftieth anniversary of Title VII\u27s ban on sex discrimination provides an occasion to reflect on its successes and failures in achieving workplace sex equality. Although considerable progress has occurred, advances have been both uneven and unsteady. This Article shows that a primary limit on legal reform has been attitudinal. Before and after Title VII\u27s enactment, private and public officials have defended sex discrimination and inequality by appealing to naturalized conceptions of sex difference. Persistent stereotypes portray women as more devoted to family roles than work roles and, consequently, less committed to their jobs than men. Similar stereotypes portray women as primarily interested in female-typed jobs said to reward feminine traits and values. Viewed through the lens of such assumptions, sex-based disparities in employment are not inequalities: They are the inevitable expression of innate and cultural sex differences

Open Statement on Sexual Harassment from Employment Discrimination Law Scholars

We, the undersigned legal scholars and educators with expertise in employment discrimination law, seek to offer a new vision and agenda for eliminating sexual harassment and advancing workplace equality. We are inspired by the #MeToo movement: The courage and sheer number of people who have come forward to report harassment and abuse, the cross-race, cross-class solidarity among activists, the media’s in-depth and sustained coverage, and the public’s willingness to hear and believe so many victims all suggest this is a watershed moment for change

Feminism and Workplace Flexibility Symposium: Redefining Work: Implications of the Four-Day Work Week - Redefining Work: Possibilities and Perils

Recently Professors Schultz and Hoffman argued that, in order to achieve gender equality at work and at home, scholars and policy makers should consider adopting measures to bring the weekly working hours for both employees who work very long hours at one full-time job and employees who work fewer than full-time hours at one or more jobs into closer convergence toward a more reasonable, family-friendly mean. Today, changed economic conditions have made the idea of a reduced, or reorganized, work week a rational, pragmatic solution to a pressing problem, rather than the politically impractical idea it seemed to be just a few years ago. Yet, few feminists have embraced the idea; most seem committed to a campaign for workplace flexibility that opts for enhancing individual choice for employees, mainly women, as opposed to instantiating a new set of universal norms that could benefit everyone. In this Article, Professor Schultz considers the key differences between the recent flexibility agenda and a broader program to restructure working time. She concludes that the flexibility agenda is not inevitably at odds with the larger goal of achieving gender equality but, absent vigilance, flexibility has the potential to undermine equality in both the short and the long run

Reconceptualizing Sexual Harassment, Again

Sexual harassment has always been more about sexism than it is about sex. Nearly twenty years ago, Vicki Schultz pioneered a new understanding of sexual harassment that recognized and theorized this empirical reality. The framework she developed in two articles published in the Yale Law Journal- Reconceptualizing Sexual Harassment and The Sanitized Workplace -still holds important lessons for today. The emergence of the #MeToo movement has brought about a welcome, renewed focus on sexual harassment and motivated long-overdue terminations of accused harassers across industries. Yet pervasive narratives still narrowly emphasize sexualized forms of harassment and assault -at the expense of broader understandings of harassment and its causes. This Essay revisits and expands on Schultz\u27s previous work in the contemporary context, drawing on the technology and film industries as case studies and showing that sex segregation and unchecked, subjective authority are central institutional causes of sex-based harassment. To end harassment will thus require more than firing individual harassers. It will require structural reform to eliminate arbitrary authority and sex segregation at work. Bold solutions are needed if we are to ensure sexual harassment isn\u27t still prevalent twenty years from now

The Need for a Reduced Workweek in the United States

This paper argues that a reduced workweek offers a way to alleviate work-family conflict without exacerbating the sex-based division of labor in paid work and unpaid family work. We distinguish our position from two other approaches: (1) one that compensates unpaid family work directly (through such policies as traditional welfare provision, or alimony), policies we argue can discourage women from labor force attachment and contribute to sex-stereotyping and sex-segregated employment; and (2) an approach that spurs employers to accommodate workers\u27 family responsibilities (through such policies as part-time work for parents), policies workers often avoid out of a well founded fear that they will be penalized unless all workers take advantage of them. Although there is room for supplemental policies such as paid leave, we argue that it is only by reducing the long hours required for many higher-paying full-time jobs - and increasing the hours associated with many lower-paying non-standard jobs - that post-industrial societies can actually create opportunities for both men and women to participate fully in paid employment and parenting. Requiring employers to pay premium wages or compensatory time, plus proportionally additional benefits, to people who work more than 30 to 35 hours a week could help eliminate current legal incentives for employers to overwork full-time employees, who are disproportionately male. Similarly, requiring employers to pay equal wages and proportional benefits to people who work less than 30 to 35 hours a week could eliminate the incentive for employers to create the part-time and contingent jobs in which women are disproportionately concentrated. Other policies, such as an expanded earned-income tax credit, could help men and women converge toward a more moderate workweek norm. Drawing on experience in Europe and the United States, we evaluate the likely effectiveness of various regulatory approaches. Although the matter is complex, the evidence suggests that it is possible to design policy approaches that could help achieve a more moderate workweek in the U.S. We conclude that, even though doing so would alleviate gender inequalities around paid work and unpaid family work, the current political and economic climate is not conducive to achieving such change. We call upon scholars, policymakers, and activists to study and press this issue further