Rights of Women in the United States
Civil Rights and Civil Liberties in the United States: Rights of Women
Historically, American women have been denied their civil rights in suffrage (they were unable to vote until a 1920 constitutional amendment), employment, and other areas. In the 1960s women organized to demand legal equality with men and, after passage of the Civil Rights Act of 1964, made many gains, especially in employment. During the 1970s efforts continued to change not only unfair practices but also outmoded attitudes toward the role of women in society. In 1972 Congress passed the Equal Rights Amendment (ERA) to the Constitution and submitted it to the states for ratification.
The Equal Rights Amendment, however, which was designed to eliminate legal discrimination against women, failed to win the approval of a sufficient number of states; by the June 1982 deadline only 35 of the required 38 states had ratified the amendment. Although the ERA failed, beginning in the 1970s the Supreme Court ruled that laws treating men and women differently were constitutionally suspect. In the landmark case United States v. Virginia in 1996, the Court said that sex discrimination is unconstitutional unless the state can advance an “exceedingly persuasive justification.”
Women have continued to make gains in certain trades and professions, including financial services, medicine, and law, but problems remain in many areas. The Civil Rights Act of 1991 extended to women victims of job bias the right to sue their employers for monetary damages. The act also established a commission to probe the “glass ceiling” that has prevented women and other minorities from advancing to top management. See Women’s Rights. (1)
In this Section about Civil Rights and Civil Liberties: Civil Rights and Civil Liberties, Religious Freedom, Freedom of Speech, Press and Assembly, Criminal Trials and Due Process of Law, War on Terror, Privacy, Minority Rights Civil Rights for Blacks, Affirmative Action, Civil Rights for Hispanics and Asian Americans, Rights of Women and Minorities. For an overview of Civil Rights and Civil Liberties in the world, read here.
Discrimination Against Women
Unlike the several ethnic groups in the country (Asian Americans, Africa Americans and Hispanics, mainly), women are not a minority in the United States. They are, in fact, a majority group. Still, traditionally in many instances in American law and public policy, women have not enjoyed the same rights as men. Their status was even lower, in many instances, than men who were themselves the target of virulent discrimination. Women have been treated as less than equal in a great many matters–including, for example, property rights, education, and employment opportunities.
Organized efforts to improve the place of women in American society date from July 19, 1848. On that date, a convention on women’s rights, meeting in Seneca Falls, New York, adopted a set of resolutions that deliberately echoed the words of the Declaration of Independence. It began: ” when, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied…. We hold these truths to be self-evident: that all men and women are created equal. …” (Declaration of Sentiments).
Those who fought and finally won the long struggle for woman suffrage believed that, with the vote, women would soon achieve other basic rights. That assumption proved to be false. Although more than 51 percent of the population is female, women have held only a fraction of one percent of the nation’s top public offices since 1789.
Even today, women hold little more than 15 percent of the 535 seats in Congress and little more than 20 percent of the 7,382 seats in the 50 State legislatures. Only eight of the 50 State governors today are female. Women are also hugely underrepresented at the upper levels of corporate management and other power groups in the private sector. Fewer than 20 percent of the nation’s doctors, lawyers, and college professors are women.
It is illegal to pay women less than men for the same work. The Equal Pay Act of 1963 requires employers to pay men and women the same wages if they perform the same jobs in the same establishment under the same working conditions. The Civil Rights Act of 1964 also prohibits job discrimination based on sex. Yet, more than 40 years after Congress passed those laws, working women earn, on the average, less than 80 cents for every dollar earned by working men.
Women earn less than men for a number of reasons–including the fact that the male work force is, over all, better educated and has more job experience than the female work force. (Note that these factors themselves can often be traced to discrimination.) In addition, some blame the so-called “Mommy track,” in which women put their careers on hold to have children or work reduced hours to juggle child-care responsibilities. Others claim that a “glass ceiling” of discrimination in the corporate world and elsewhere, invisible but impenetrable, prevents women from rising to their full potential.
Certainly it is true that until quite recently women were limited to a fairly narrow range of jobs. In many cases, women were encouraged not to work outside the home once they were married. Efforts on behalf of equal rights for women have gained significant ground in recent years. But, recall, that ground has not included an Equal Rights Amendment to the Constitution.
Executive Order 13506
Executive order about Creating the White House Council on Women and Girls (March 11, 2009):
“By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows:
Section 1. Policy. Over the past generation, our society has made tremendous progress in eradicating barriers to women’s success. A record number of women are attending college and graduate school. Women make up a growing share of our workforce, and more women are corporate executives and business owners than ever before, helping boost the U.S. economy and foster U.S. competitiveness around the world. Today, women are serving at the highest levels of all branches of our Government.
Despite this progress, certain inequalities continue to persist. On average, American women continue to earn only about 78 cents for every dollar men make, and women are still significantly underrepresented in the science, engineering, and technology fields. Far too many women lack health insurance, and many are unable to take time off to care for a new baby or an ailing family member. Violence against women and girls remains a global epidemic. The challenge of ensuring equal educational opportunities for women and girls endures. As the current economic crisis has swept across our Nation, women have been seriously affected.
These issues do not concern just women. When jobs do not offer family leave, that affects men who wish to help care for their families. When women earn less than men for the same work, that affects families who have to work harder to make ends meet. When our daughters do not have the same educational and career opportunities as our sons, that affects entire communities, our economy, and our future as a Nation.
The purpose of this order is to establish a coordinated Federal response to issues that particularly impact the lives of women and girls and to ensure that Federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities.
Sec. 2. White House Council on Women and Girls. There is established within the Executive Office of the President a White House Council on Women and Girls (Council).
(a) Membership of the Council. The Council shall consist of the following members:
(1) the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison, who shall serve as Chair of the Council;
(2) the Secretary of State;
(3) the Secretary of the Treasury;
(4) the Secretary of Defense;
(5) the Attorney General;
(6) the Secretary of the Interior;
(7) the Secretary of Agriculture;
(8) the Secretary of Commerce;
(9) the Secretary of Labor;
(10) the Secretary of Health and Human Services;
(11) the Secretary of Housing and Urban Development;
(12) the Secretary of Transportation;
(13) the Secretary of Energy;
(14) the Secretary of Education;
(15) the Secretary of Veterans Affairs;
(16) the Secretary of Homeland Security;
(17) the Representative of the United States of America to the United Nations;
(18) the United States Trade Representative;
(19) the Director of the Office of Management and Budget;
(20) the Administrator of the Environmental Protection Agency;
(21) the Chair of the Council of Economic Advisers;
(22) the Director of the Office of Personnel Management;
(23) the Administrator of the Small Business Administration;
(24) the Assistant to the President and Director of the Domestic Policy Council;
(25) the Assistant to the President for Economic Policy and Director of the National Economic Council; and
(26) the heads of such other executive branch departments, agencies, and offices as the President may, from time to time, designate.
A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is a part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. At the direction of the Chair, the Council may establish subgroups consisting exclusively of Council members or their designees under this section, as appropriate.
(b) Administration of the Council. The Department of Commerce shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. The Chair shall convene regular meetings of the Council, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of the Council and head any staff assigned to the Council.
Sec. 3. Mission and Functions of the Council. The Council shall work across executive departments and agencies to provide a coordinated Federal response to issues that have a distinct impact on the lives of women and girls, including assisting women-owned businesses to compete internationally and working to increase the participation of women in the science, engineering, and technology workforce, and to ensure that Federal programs and policies adequately take those impacts into account. The Council shall be responsible for providing recommendations to the President on the effects of pending legislation and executive branch policy proposals; for suggesting changes to Federal programs or policies to address issues of special importance to women and girls; for reviewing and recommending changes to policies that have a distinct impact on women in the Federal workforce; and for assisting in the development of legislative and policy proposals of special importance to women and girls. The functions of the Council are advisory only.
Sec. 4. Outreach. Consistent with the objectives set out in this order, the Council, in accordance with applicable law, in addition to regular meetings, shall conduct outreach with representatives of nonprofit organizations, State and local government agencies, elected officials, and other interested persons that will assist with the Council’s development of a detailed set of recommendations.
Sec. 5. Federal Interagency Plan. The Council shall, within 150 days of the date of this order, develop and submit to the President a Federal interagency plan with recommendations for interagency action consistent with the goals of this order. The Federal interagency plan shall include an assessment by each member executive department, agency, or office of the status and scope of its efforts to further the progress and advancement of women and girls. Such an assessment shall include a report on the status of any offices or programs that have been created to develop, implement, or monitor targeted initiatives concerning women or girls. The Federal interagency plan shall also include recommendations for issues, programs, or initiatives that should be further evaluated or studied by the Council. The Council shall review and update the Federal interagency plan periodically, as appropriate, and shall present to the President any updated recommendations or findings.”
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