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,1 Reducing Sex Segregation in the Workplace In Chapter 2 we noted that over the past decacle women have increased their repre- sentation in some occupations and industries that historically had been predominantly or exclusively male. This chapter presents evi- dence that at least a portion of this increase resulted from direct interventions in train- ing and labor market processes, in the form of either prohibitions against sex cliscrimi- nation or programs designed to enhance women's occupational opportunities. 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. Positive actions include the affirmative ac- tion programs instituted by some profes- sional schools and special programs for women by some private employers. Although the threat of enforcement action by government agencies can be a powerful incentive for employers to change their practices, incentives need not come from government or the courts. They may also emanate from female employees, women's organizations, or changing public opinion about permissible behavior. The evidence 83 we review in this chapter suggests that laws and regulations, legal action, and private programs have facilitated women's progress in several fields. Of course, not all deliberate efforts to reduce sex segregation have pro- duced measurable effects. Interventions by government may be ineffective if they are misdirected or when enforcement is weak and evasion easy. By examining the effec- tiveness of various programs whose goals in- cluded promoting sex equity, we identify strategies that are likely to be effective in the future as well as barriers to the effec- tiveness of some existing programs. Most of the interventions to reduce sex segregation have been directed at the work- place and applied specifically to hiring prac- tices, on-thejob training, and promotion opportunities. Others, such as the 1976 Vo- cational Education Amendments anal the 1978 reauthorization of the Comprehensive Employment and Training Act (CETA), mandated sex equity in job training. Laws or programs establishec] to eliminate sex in- equity in education, such as Title IX of the 1972 Educational Amendments, may also have implications for sex segregation in the workplace. Drawing conclusions about the effective
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84 WOMEN'S WORK, MEN'S WORK ness of any particular intervention is diffi- cult. Even sophisticated research methods cannot isolate the extent to which changes in women's occupational status can be at- tributed to a particular intervention as op- posed to other changes that occurred during the period in which the intervention was instituted. Of course, the lack of an im- provement in women's occupational status does not necessarily mean that an interven- tion was ineffective. The implementation might have prevented a decline that oth- erwise would have occurred. Assessing the effectiveness of a law presents an additional difficulty. Under one theory of law enforce- ment, a law propels "voluntary" actions that would not occur in its absence: enforcing a law in one instance deters others from vi- olating it. As a result, the indirect result of a single law enforcement action on other employers cannot be adequately isolated from other effects. Standard social science methods such as cross-sectional and time- series regression analyses of aggregate-level data are considered inadequate to discover the impact of changes in law enforcement practice on compliance behavior. We emphasize particularly the difficulty of attributing any difference in a group's em- ployment status to enforcement rather than other forces operating during the same pe- riod. The civil rights and women's liberation movements of the 1960s and 1970s high- lighted job discrimination and reshaped so- cial values about how minorities and women should be treated. The women's movement influenced attitudes about the kinds of oc- cupations women should be able to pursue. Women in customarily male occupations were featured in news stories, advertise- ments, and to some extent in popular tele- vision programs. The aspirations of individual women expancled. The women's movement unquestionably contributed also to the pas- sage of laws and regulations, the issuance of guidelines with respect to sex, and the car- rying out of enforcement activities. During the same period, sex discrimination in em- ployment became both morally suspect en c] illegal, and employers, unions, and educa- tors were also subject to direct pressure from women's groups to provide equal opportun- ities and compensatory training. Both the women's movement and the threat offederal sanctions encouraged women to press em- ployers for better jobs and made the in- creasing numbers of women interested in "male" jobs visible to employers whose nor- mal hiring practices may have missed them. The difficulty of isolating the effects of alternative explanations for change limits the conclusions we can draw about enforcement effects. Our review of the evidence, how- ever, has convinced us that enforcement of existing antidiscrimination laws has contrib- uted to reducing sex segregation. To support conclusions about the impact of interven- tions, we draw on a variety of evidence, including time series data; statistical studies; case studies of specific establishments, oc- cupations, and training or educational pro- grams in which litigation occurred or policy changed; and surveys. Where we can, we also review what is known of the enforce- ment practices for laws and regulations. We begin by considering intewendon within the workplace federal laws and regulations aimed at eliminating sex discrimination and efforts by employers to promote sex equity. Next, we examine remedies involving job training and vocational and general educa- tion. Finally, we consider interventions that enhance access to jobs for people with family responsibilities~hild care and work sched- uling. Throughout this chapter we empha- size federal laws and federal programs; our resources did not permit the examination of numerous state and local initiatives. INTERVENTIONS DIRECTED AT THE WORKPLACE Laws, Regulations, and Enforcement Efforts During the 1960s and early 1970s, several federal laws ant! regulations were enacted
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REDUCING SEX SEGREGATION IN THE WORKPLACE _ prohibiting sex disenmination in emnlov_ meet. Most important in setting out the principle of equal employment opportunity is Title VII of the 1964 Civil Rights Act. The act forbids employers from discriminating in several conditions of employment on the ba- sis of race, color, sex, national origin, or religion. The second important instrument for reducing employment discrimination based on gender is Executive Order 11246 (1965; amended by Executive Order 11375 in 1967~. As amended, Executive Order 11246 prohibits federal contractors from em- ployment discrimination on account of race, color, religion, sex, or national origin (cer- tain contractors are, however, exempted). Under subsequent regulatory revisions, con- tractors must also pledge to take affirmative action to ensure nondiscriminatory treat- ment of minorities and women, including recruitment and training, employment, and upgrading. In view of the large number of workers employed by covered contractors- 31 million (Women Employed, 1982 - the order's potential impact is great. In the next sections we describe these laws and regu- lations in more detail, assess their imple- mentation, and review evidence regarding their effectiveness in expanding women's job opportunities. 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 reli- gion. Neither may they discriminate on these bases with respect to compensation, terms, conditions, or privileges ofemployment, nor limit, segregate, or classify employees or ap- plicants in any way that deprives them of employment opportunities or otherwise ad- versely affects their employment status. The law applies also to labor organizations and forbids discrimination by employers, labor organizations, and joint labor-management committees that control apprenticeship and 85 other training programs. As amended in 1972, it covers the federal government, state and local governments, and most firms with at least 15 employees; in October 1981 the Pregnancy Discrimination Act included within the scope of Title VII discrimination based on pregnancy. The Civil Rights Act also created the Equal Employment Op- portunity Commission (EEOC) to admin- ister the employment provisions of the law. In 1969 the EEOC issued guidelines on sex discrimination that barred, among other dis- criminatory acts, hiring based on stereo- typefd characterization of the sexes, ciassi ~ . . `` , ,, Tic , .. . tying Jo as as men s ant women s, and advertising under male and female headings (U. S. Department of Labor, Women's Bu- reau, 19781. The EEOC monitors employers through annual reports required ofthose with at least 100 workers. Although the reports do not provide detailed occupational breakdowns, substantial race and gender disparities in the large categories reported have been used by the EEOC to target employers for investi- gation of systemic discrimination (U. S. De- partment of Labor, Women's Bureau, 1982a). Initially, the EEOC had limited enforce- ment powers: its fi'nctions were to investi- gate charges of discrimination and to at- tempt to resolve them through conciliation, but the EEOC could not bring suit if con- ciliation failed until 1972, when the Civil Rights Act was amended by the Equal Em- ployment Opportunity Act. Some observers have questioned whether the agency carried out its functions of in- vestigation and conciliation effectively in the early years (U. S. Commission on Civil Rights, 1975; U. S. Comptroller General, 1976). Two General Accounting Office stud- ies (U. S. Comptroller General, 1976) indi- cate little follow-up after conciliation agree- ments and suggest that agreements did not always improve women's emDlovment stn tus. In gaining the right to sue for complain- ants in court in 1972, the agency obtained enforcement power. Most charges are, of - ~, _
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86 WOMEN'S WORK MEN'S WORK course, settled without going to court through the agency's administrative pro- cesses. By the early 1970s almost SO, 000 new charges of discrimination were being filed annually, on average, and a large backlog had accumulated. By 1977, 130,000 charges were awaiting action by the EEOC. Be- tween 1965 and 1975 the courts were not very likely to grant class relief and did so half as often in sex cases as in race cases (Duniap, cited in Greenberger, 19781. When the EEOC went to court, however, settle- ments outnumbered cases dismissed with- out appeal by a three to one ratio (U.S. Comptroller General, 19761. 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. Some evidence sug- gests improved performance after the EEOC was reorganized in 1977 with new case pro- cessing procedures and increased budget and authorized staff (more than 3,500 positions at the peak between 1979 and 1981; Bur- bridge, 1984). Approximately 70,000 charges were being filed each year. The agency im- plemented a procedure to expedite new charges and to reduce the backlog ("rapid charge processing"), first in model offices in three cities and then, aDcer determining its effectiveness, nationwide. Rapid charge processing enabled the agency to emphasize cases of systemic discrimination. Expedited procedures for rapid settlement also led to more settlements and fewer complaints dis- missed for no cause (Women Employed, 19801. By July 1981 the backlog had fallen to about 15 percent of its size in 1977. After 1981, however, the budget fell in real terms, authorized positions decreased somewhat, and more important, the settlement rate fell from 43 percent in 1980 to 28 percent in 1983, and the no-cause rate increased from 29 percent in 1980 to 41 percent in 1983. During the same period, however, the num- ber of cases closed annually increased about 25 percent and the remaining small backlog shrank further (Burbriclge, 19841. In fiscal 1981 the EEOC filed 368 lawsuits (which included charges of discrimination based on race, religion, or national origin as well as sex). Between 1981 and 1983, the number of cases filed in court fell dramatically. Only 110 cases were filed in 1982 and 136 in 1983. The number of systemic cases filed also fell, from 25 in 1981 to 10 in 1983; in 1982 none was filed (Burbridge, 1984~. Conclusions about the agency's effective- ness must be drawn cautiously. When the EEOC pursued systemic cases involving large employers, the visibility of such cases presumably had a deterrent effect, and, in fact, a survey of major employers revealed that managerial awareness of enforcement efforts at other companies was positively re- lated to having effective programs to en- hance women employees' opportunities at their own companies (Shaeffer and Lynton, 1979; Wallace, 19791. The major contributions of the EEOC in advancing women's occupational opportun- ities may have been in establishing such principles as disparate impact, pregnancy discrimination, and a narrow definition of bona fide occupational qualification in the courts and in shaping the remedies and per- sonne} changes to be undertaken by dis criminating firms (O 'Farrell and Harlan, 19841. Consent decrees tended to take a comprehensive approach to developing in- tervention strategies that included improv- ing women's access to sex-atypical jobs, job upgrading, allocating resources to train women for male-dominate(l jobs, and de- veloping monitoring procedures (O'Farrell and Harlan, 19841. Case studies (described below) illustrate the implementation of these strategies. Most extensively stuclied are the events at American Telephone and Tele- graph, Inc. Other important cases litigated
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REDUCING SEX SEGREGAT10.\' I.N' THE \170R~CE _ by the EEOC under Title VII led the courts to overrule state protective laws specific to women (usually maximum hours or weight laws) and company policies against hiring women with preschool children. In a chal- lenge to Pan American Airlines refusal to hire male flight attendants, the court ruled that customer preferences are irrelevant un- less a business's essential ourDose is to sat- isf; them. Successful individual and class action suits brought under Title VII also led organiza- tions to make their operating procedures more equitable. Between 1964 and 1981 fed- eral district courts decided snore than 5,000 cases, of which about one-third were class actions (Leonard, 1984a). Certainly many times this number were settled through con- cfliation or in the state courts. Thus, con- cfliation and litigation under Title VII have led to changes in the practices of individual employers as well as to an increasingIv broad interpretation of the statute that restricted employers' rights to consider sex in em- ployment decisions. Whether the EEOC's impact will contin- ue over the next few years is an open ques- tion. In a recent Urban Institute report, Burbridge (1984) concludes, from changes in the types of cases filed and other infor- mation, that the EEOC has shifted its en- forcement effort toward the investigation and settlement of individual charges and away from systemic or class action cases that affect larger numbers of workers at lower cost with larger deterrent effects. Early in 1985, the EEOC announced at a press conference that it was shifting its enforcement policy from systemic to individual cases (Evans and Fields, 19851. The EEOC also seems to be moving away from earlier policies that es- tablished a broad interpretation of Title VII. It has declined to pursue a broad policy on comparable worth, for example (U. S. Con- gress, House, 1984; Williams, 1985c), has reduced the number of filings of amicus briefs, and has cut back the number of at- torneys in appellate litigation by 20 percent 87 when budget cuts sustained were 5.5 per- cent (Burbridge, 19841. In one instance, the EEOC withdrew, at the request of the U. S. Department of Justice, an amicus brief it had filed in support of a New OrIeans Police Department quota-based consent decree providing a re~nedv for past discrimination when it was challenged in federal court. In spring 1985 the Department of Justice filed suit against the District of Columbia Fire Department challenging its affirmative ac- tion plan because it uses sex and race quotas (Saperstein, 19851. Other Justice Depart- ment suits against state and local govern- ~nents have followed. These policy shifts point toward an em- phasis on getting redress for"itlentifiable victims" of discrimination, deen~phasizing class actions and quotas. These shifts are consistent with statements of senior officials of the Justice Department and reflect the recent broad and significant change in civil rights policy (Peterson, 1985a; Williams, 1985b; Knight-Ridder, 1985). E.recutive Order 11246 and the 019ice of Federal Contract Co,~l,vliance Programs Executive Order 11246 (11375) 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. First, noncomplying contractors can have their federal contracts terminated, and vi- olators can be debarred from future con- tracts. Second, contractors are required to take affirmative actions to ensure nondis- criminatory treatment in recruitment, train- ing, and upgrading of minorities (under Or- der Number 4, 1970) and women (under Revised Order Number 4, 19711. Third, in- dividuals do not have the right to initiate private legal actions in court. Originally 13 federal contracting agencies were responsible for ensuring that their con- tractors did not discriminate before con- tracts were signed, for monitoring com
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88 WOMEN'S WORK, MEN'S WORK pliance, and for investigating discrimination complaints. The Office of Federal Contract Compliance in the U. S. Department of La- bor coordinated their activities, but a mech- anism to implement these regulations did not exist until December 1971, when Re- vised Order Number 4 extended the affirm- ative action requirement to women (Wal- lace, 19791. In 1978 all federal contract compliance activities were consolidated within the Office of Federal Contract Com- pliance Programs (OFCCP) in the Depart- ment of Labor. In the same year special OFCCP regulations directed at sex discrim- ination by construction contractors became effective. In June 1970 the OFCCP issued guiclelines that forbade advertising under sex- labeled classifications, using sex-based sen- iority lists, denying jobs to qualified appli- cants because of state protective laws, dis- tinguishing marital status among one sex but not the other, setting different retirement ages for the sexes, and penalizing women with children (U. S. Department of Labor, Women's Bureau, 19781. In the first few years after the executive order was amended to include sex discrim- ination, this provision was essentially ig- nored. Sex was not included in the first rules issued to implement the order, and guide- lines regarding sex discrimination were not available until Revised Order Number 4 was issued (Simmons et al., 1975~. Federal con- tracting agencies appear to have been re- luctant to invoke available sanctions for either sex-based or race-based discrimination. Un- til 1971 no federal contractor in violation of the order was debarrecl from future con- tracts, and only about two contractors were debarred per year over the next seven years (Brown, 19821. Only 27 contractors have ever been debarred, and over half of these were in the last three years of the Carter admin- istration. At least through 1978 no federal contracts were terminated or contractors de- barred because of discrimination by sex (Greenberger, 1978~. However, as a result of a nationwide effort by the Women's Eq uity Action League, which brought a large number of complaints in 1970-1971, by July 1972 the U. S Department of Health, Edu- cation, and Welfare had temporarily with- helcl hinds from 11 universities that failed to comply with the order (Simmons et al., 1975~. The U.S. Department of Justice has authority to bring suit directly against Ex- ecutive Order 11246 violators, bypassing OFCCP enforcement procedures, but has seldom used it. The primary tools to enforce the executive order have been compliance reviews and voluntary conciliation, but for many years compliance reviews were infrequent. Be- tween 1970 and 1972 fewer than one con- tractor in five were reviewed (Goldstein and Smith, 19761. ~ In addition, some compliance agencies approved affirmative action plans that did not meet the guidelines (Ahart, 19761. In each of fiscal years 1981 and 1982 the consolidated OFCCP in the Department of Labor completed over 3,000 reviews and investigated over2,000 complaints, but over 2,000 complaints remained bacldogged at the end of fiscal 1982 (OFCCP, Quarterly Re- vieu; and Analysis Reports for 1981, 1982~. A standard of six reviews per month en- couraged compliance officers to focus on small contractors (Ahart, 19761. Some ana- lysts have surmised that the elects of the executive order may have declined as con- tractors learned how to show good-faith ef- forts without significantly changing their personnel policies (Brown, 1982~. [Iowever, a 1976 Bureau of National Affairs survey in- dicates that the overwhelming majority of firms subject to OFCC regulations had af ~ Different federal contracting agencies varied in their propensity to review contractors. The National Aero- nautics and Space Administration, the Environmental Protection Agency, and the U. S. Department of Com- merce reviewed at least half, whereas the U.S. De- partment of Agriculture and the U.S. Department of the Treasury reviewed about 2 percent of their con- tractors (U.S. Commission on Civil Rights, in Brown, 1982, note 10).
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REDUCING SEX SEGREGATION IN THE WORKPLACE _ firmative action plans and one-third ofthem evaluated managers in terms of EEO per- formance (Freeman, 19811. While we cannot conclude from these data that the establish- ments were making effective efforts to im- prove job options for women and minorities, Hey show Mat employers were aware of their responsibilities and were taking at least the minimal steps required. The system in which individual federal contracting agencies were responsible for enforcement contributed to the initial low use of sanctions (Ahart, 19761. When the compliance program was consolidated into a single office in 1978, it targeted banking, insurance, and mining for special attention. Subsequent gains in women's representa- tion in largely male occupations in these in- dustries demonstrate the agency's potential. To illustrate, the proportion of female un- der~ound miners increased from 1 in 10,000 in 1978 to 1 in 12 in 1980 (Betty Jean Hall, Director, Coal Employment Project, Sept. 4, 1981; Byrne, 19831. Data for the banking industry indicate that the small gains women had been making among financial managers rose sharply after the special enforcement effort, almost doubling from 17.4 percent in 1970 to 33.6 percent by 1980. This increase, however, may partially reflect job title in- flation as well as the rapid expansion in small bank branches, which helped to create low- er-leve} managerial positions for women. 2 In insurance, women's representation in- creased the most among adjusters, an oc- cupation that was 9 percent female in 1961 2 Beller (1984) considers whether the increase during the 1970s in the number of women in managerial oc- cupations represents the upgrading of job titles. She cites Current Population Survey data that show almost no improvements in the ratios offemale to male median weekly earnings for full-time wage and solaced workers in managerial occupations between 1973 and 1978 (.582 and .586, respectively), an indicator that is consistent with-although it does not demonstrate job title in- flation. 89 and 58 percent female 20 years later (Work- ing Women, 19811. Budget and authorized positions for the OFCCP increased markedly during the two years following the 1978 consoliclation. In real terms the budget fell after 1981, as did positions; both have since remained rela- tively stable. The estimated 1985 budget is approximately $50 million, with 1,000 au- thorized positions (compared to $160 million and 3,100 positions for the EEOC). Since 1980, the number of complaint investiga- tions and compliance reviews completed an- nually has increased steadily, but the num- ber of administrative complaints filed and debarments has fallen. No debarments oc- curred in 1982 or 1983, comparer! with five in 1980. Back pay awards have also de- creased dramatically, from $9,300,000 in 1980 to $600,000 in 1983. The U.S. Com- mission on Civil Rights reported that the proportion of investigations and reviews that resulted in findings of discrimination or con- ciliation when fault was found had fallen, and the proportion of cases closed without a full investigation had risen. As Burbridge (1984) points out, the pattern is similar to that of the EEOC. Less thorough attention is given to an increased number of cases. The agency has decreased its use of its more stringent enforcement tools. Policy shifts are also illustrated by a series of propose(l changes in regulations that would reduce federal contractors' affirmative ac- tion obligations and exempt certain previ- ously covered contractors from the regula- tions. A set of changes proposed in 1983 would limit back pay awards to identifiable victims of discrimination and limit the re- troactivity of the awards to two years. The OFCCP did not consult with the EEOC as required by law until substantial time had elapsed, and, although it has not yet posted the final rules, the OFCCP may already be implementing these changes (Burbridge, 19841. These policy shifts at OFCCP, like those at the EEOC, are consistent with stat- ed objectives of the current administration
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Do WOMEN'S WORK, MEN'S WORK - (Knight-Ridder, 1985; Saperstein, 1985; Williams, 1985a). More recently, in the fall of 1985, a fundamental change in the ex- ecutive order was proposer] by the Justice Department; it would virtually eliminate the use of goals and timetables. Construction Contractors The OFCCP monitors construction con- tractors in a separate program. In 1978 the OFCCP published regulations requiring construction contractors to carry out equal employment and affirmative action pro- grams for women and minorities. Contrac- tors 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 oppor- tunities, notify the OFCCP if the union re- ferral process impedes affirmative action ef- forts, and actively recruit women for apprenticeship and other training. As a re- sult of a lawsuit by women s groups, Acl- vocatesforWomen v. MarshatZ, the OFCCP initially set employment goals for construc- tion contractors of 3.1 percent women for the first year, 5 percent for the second year, and 6.9 percent for the third year. The 6.9 percent goal still stands. Between 1978 and 1980 the proportion of women construction workers increased from 1.5 to 2 percent. In 1980 women construc- tion workers were twice as likely to be la- borers as crafirworkers-2.6 and 1.3 percent, respectively (U.S. Department of Labor, Bureau of Labor Statistics, 1981c:Table 271. But it may be too soon to expect much prog- ress in construction, particularly in view of the lengthy apprenticeship programs through which workers often obtain craft jobs. Two recent studies of OFCCP efforts to increase women's participation in the con- struction trades, one by an investigator at a training organization for women (WestIey, 1982) and one done in-house (U. S. Depart- ment of Labor, Employment Standards Administration, 1981), concluded that goals and timetables have created a small in- creased demand for women construction workers and are essential to achieving equal access for women in the construction in- dustry. Each examined OFCCP compliance review files and interviewed OFCCP and Bureau of Apprenticeship and Training of- ficials, women construction workers and ap- plicants, women's training program pro- viders, contractors, union business agents, and joint apprenticeship and training coun- ci] coordinators. According to both studies, most of the contractors and unions favored eliminating the goals and timetables, yet they admitted that without them women would not be hired. Observers agree that conscientious en- forcement provided construction jobs for women but that enforcement was not uni- form and that staff lacked procedures for uncovering discrimination. The OFCCP in- house study cited its lack of an enforcement strategy and haphazard compliance activi- ties as tending to dissipate its efforts (U.S. Department of Labor, Employment Stan- dards Administration, 1981). None of the agency staff whom WestIey (1982) inter- viewed had ever found a company not in compliance, and the majority of contractors interviewed reportedly felt no pressure from OFCCP to adhere to the contract compli- ance provisions in their federal contracts. Of 2,994 reports on file at the OFCCP for Oc- tober 1980, only one-fifth even indicated the number of hours female construction work- ers were employed, and of these only 5 per- cent met the 6.9 percent goal (U.S. De- partment of Labor, Employment Standards Administration, 19811. According to the OFCCP's own study, compliance reviews resulted in increased employment of wom- en, but We gains were sometimes short-lived. In view of the generally weals enforcement efforts it is not surprising that few contrac- tors achieved the 6.9 percent goal /`Federal Register, 1981:46~13441.
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REDUCING SEX SEGREGATION IN THE WORKPLACE 91 Federal Employees Executive orders also prohibit cliscrimi- nation against federal employees, and in 1972 the Equal Employment Opportunity Act brought federal employees under the pro- tection of Title VII. Although it is not pos- sible to determine whether these regulations directly affected women's opportunities, women have increased their representation in higher-level federal government jobs dur- ing the period in which the directives have been in force. In 1974 women were only 18.9 percent of the full-time work force in grades GS 9-12 and 14.8 percent in grades 13-1~; in 1980 women constituted 26.9 per- cent and 8.2 percent, respectively; by 1983 women constituted 30.4 percent and 10.3 percent, respectively (U. S. Comptroller General, 1984:33~. A detailed investigation of women attorneys (Epstein, 1981) found that their recent advancement into govern- ment law positions resulted from concerted efforts by government agencies to recruit minorities and women. Epstein reported that the percentage of women lawyers in the Of- fice of the U. S. Attorney General went from 3.7 in 1970 to 17.3 in 1979. By 1980, 31.5 percent of the newly hired lawyers in the Justice Department were women. It seems probable that affirmative action require- ments were a factor, both through influenc- ing agency behavior and, by publicizing new opportunities or creating the impression that jobs existed, through encouraging women to train ant] apply for such jobs. Conclusion From the outset, enforcement of both Ti- tle VII and Executive Order 11246 was un- even and often inadequate. For several years enforcement agencies lacked real enforce- ment powers. They were also hampered by insufficient budgets, lack of personnel, and administrative difficulties (Greenberger, 1978; Brown, 19821. In addition, some have argued that the enforcement agencies did not take the prohibition against sex discrim- ination seriously in the early years (Green- berger, 1978~. For example, in early pub- lished guidelines the EEOC explicitly permitted sex-labeled cIassifiec] advertise- ment columns (Eastwood, 19781. Finally, detecting violators may be difficult under the best conditions. Nevertheless, these ac- counts of EEOC en c! OFCCP enforcement practices suggest that when Title VII and Executive Order 11246 (11375) were en- forced, significant numbers of jobs were opened to women. We turn next to an examination of evi- dence from case studies of enforcement ac- tions directed toward particular estab- lishments and findings Dom statistical studies that have attempted to examine the more general impact of the laws and regulations. The Effectiveness of Enforcement Evidence From Case Studies The consequences of the EEOC inter- vention at American Telephone and Tele- graph (AT&T), the country's largest com- pany in 1970, provide compelling evidence for the effectiveness of a single enforcement action on women's job opportunities. In 1970, in 92.4 percent of all jobs at AT&T at least 90 percent of all workers were of one sex. The following year the EEOC petitioned the Federal Communications Commission to deny AT&T a rate increase. Ultimately AT&T agreed to provide salary adjustments and back pay to employees who hail been injured by discriminatory employment practices. They also agreed to modify hiring, promo- tion, and training policies and to develop an affirmative action plan with targeted goals for women and minorities for jobs from which they had been excluded. As a result, female employment in several male-dominated oc- cupations increased markedly between 1973
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REDUCING SEX SEGREGATION IN THE WORKPLACE 93 and 1979. The proportions of women who were officials and managers or worked in sales crafts, and service all increased by at _ least 5 percentage points; while men's rep resentation in predominantly female admin istrative, clerical, and operator jobs in creased from 3 to 6 percentage points (Northrup and Larson, 19791. Women's in creased representation across a finer break down of occupations is shown in Table 4-1. A 1974 consent decree signed by nine ma- jor steed companies3 and the United Steel- workers of America illustrates changes in employment practices that facilitate wom- en's integration into traditionally male pro- duction and maintenance jobs. In order to meet the hiring goals for minorities ant! women in crap jobs that the agreement caller! for, one firm began a preapprenticeship training school for certain craft apprentice- ships that was open both to current female and minority employees and to CETA par- ticipants (UlIman and Deaux, 19811. One plant also arranged for a nonprofit agency experienced in recruiting and training mi- norities for construction apprenticeships to recruit and screen prospects for craft an- prenticeships. Consistent with findings for other crafts and industries (Briggs, 1981; Kane and Miller, 1981), these special out- reach and pretraining programs were highly effective in attracting women to craft jobs. The consent decree also required firms to restructure their seniority systems from de- partmentwide 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 mod- ification 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). progress in one plant in which seniority changes were delayed because of collective bargaining agreements. In that plant most of the women whose bids for craft jobs were unsuccessful lost because they lacked suf- ficient seniority. The effects of the consent decree can be seen clearly in women's in- creased representation in certain jobs. In the less than four years between 1976 and the end of 1979, the numbers of women in production and maintenance positions in two steel mills increased almost threefold from 763 to 1,938, while their number in craft jobs increased from 27 (0.4 percent of all craft workers) to 197 (2.2 percent; 4.7 per- cent in the plant whose program had been in existence longer). One company hired more than 1,500 women for production jobs between 1977 and 1979, and in the other women were 32 percent of the new hires in 1979. Moreover, the aluminum industry voluntarily accepted the steed industry's consent decree virtually verbatim in their own collective bargaining agreement (Brown, 1982~. Other large firms that have entered into consent decrees with the EEOC include United Airlines (1976), Menill Lynch (1976), General Electric (1978), and General Mo- tors (19831. These are the largest firms in their industries, and smaller firms may fol- low the industry leader in their labor prac- tices (Wallace, 1979~. A review of case studies of firms subject to litigation and consent decrees that the committee commissioned (O'Farrell and Harlan, 1984) concluded that the federal presence significantly motivates companies to facilitate women's movement into non- traditional jobs. In general an increase in the numbers of women in traditionally male jobs correspon(led to pressure by federal agencies, either through direct actions against large companies or through the in- direct effect of companies complying rather than risking federal action (as occurred in the aluminum industry). Many companies reported that federal enforcement activities . . . , ~
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112 WOMEN'S WORK, MEN'S WORK _ . _ the differential success of various states in implementing the 1976 Vocational Educa- tion Amendments suggests that a legislative mandate coupled with federal money is not enough. Active monitoring of schools, par- ticularly the administration of pre- and in- service courses for teachers and counselors, seems to be important. The data support the conclusion reached in the study mandated by the 1976 Vocational Education Act and executed by the American Institutes for Re- search (Steiger et al., 1979~: vocational ed- ucators cannot assume that opening traditionally male programs to female stu- dents will neutralize family and peer group pressures; rather, affirmative programs will be necessary to attract women to these pro- grams. Second, for training to be effective, programs must also have placement provi- sions. Third, state programs that were most successful in attracting females to less tra- ditional specialties established a broad base of support for them by setting up orientation programs and providing connections with potential employers (Evenson and O,Neill, 19781. General Education In Chapter 3 we concluded that sex ster- eotyping in teaching materials, the behavior of leachers end counselors, and tracking lead to sex differences in education and training, which in turn tend to perpetuate sex seg- regation by limiting women's knowledge of, interest in, and preparation for occupations that have been labeled male. In addition, sex differences in high school mathematics training, type of vocational training, college major, professional training, and postgrad- uate study all have implications for students' subsequent occupational opportunities. Laws, Regulations, and Enforcement Efforts During the 1970s, Congress passed sev- eral laws designed to reduce sex stereotyp ing and sex discrimination in federally sup- ported education. These laws may contribute to reducing sex segregation in employment by modifying wo~nen's occupational social- ization and by specifically preparing them for jobs typically held by finales. Most im- portant of these laws is Title IX of the 1972 Educational Amendments. Title IX was the first law specifically designed to protect stu- dents from sex discrimination. It covers ad- missions, financial aid, and access to and treatment in curricular and extracurricular programs sponsored by educational insti- tutions and agencies. Thus, courses of study, counseling, and extracurricular activities are all included. It also prohibits discrimination in the treatment of workers in educational programs that receive federal funds. Federal agencies that provide financial as- sistance to educational institutions are re- sponsible for enforcing Title IX and may ter- minate funding if the recipients fail to comply. Originally HEW had primary en- forcement responsibility. In 1977 the Office for Civil Rights (OCR), first in HEW and after 1980 in the Department of Education, assumed that responsibility. OCR investi- gates complaints and carries out compliance reviews. When violations are detected, the agency seeks voluntary compliance. If ne- gotiations are unsuccessful, OCR may ini- tiate proceedings to terminate financial as- sistance or refer the case to the Department of Justice for prosecution. In Grove City College v. Bell (104 S. Ct. 1211 [19841), the Supreme Court narrowed the scope of Title IX to only those specific programs that re- ceived federal funds whereas OCR had been applying an institutionwide definition of the impact of federal Binding. The Justice De- partment's position in the Grove City case provides another illustration of the signifi- cant shift in civil rights policies between the current and previous administrations (Pe- terson, 1985a). Whereas previously the OCR had applied Title IX broadly, the Justice Department in 1983 entered the Grove City case on the side of limiting the applicability
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REDUCING SEX SEGREGATION 1~1 THE WORKPLACE _ of Title IX, changing the government's po- sition by submitting a second brief. The De- partment of Education immediately an- nounced plans to drop many pending cases against colleges and universities. Since the Grove City decision, a congressional reso- Jution supporting the broader interpretation has been passed and legislation to mandate a broader interpretation, called the Civil Rights Restoration Act of 1985, is pending. The administration opposes the proposed legislation; debate has been intense, and how the issue will be resolved is not clear. In the Women's Educational Equity Act (WEA) of 1974 and 1978, and in subsequent reauthorizations in 1981 and 1984, Congress authorized funding for mode] programs to eliminate sex stereotyping and promote educational equity for women and girls. The WEA provides grants, contracts, and tech- nical assistance for developing materials and mode} programs to achieve educational eg- uity for girls and women. It also provides grants to help school districts and other in- stitutions meet the requirements of Title IX (U. S. Department of Labor, Women's Bu- reau, 1982a). Thus, Title IX prohibits dis- crimination and the Women's Educational Equity Act is geared toward encouraging intervention strategies to promote sex eq- uity. Implementation of the sex equity and antidiscrimination laws directed at educa- tiona] institutions was slow. Although Con- gress approved Title IX in 1972, final regulations implementing it were not issued by HEW until 1976. The Project on Equal Education Rights (1978) of the National Or- ganization for Women's Legal Defense and Education Funs] outlined other reasons why Title IX had little effect during its first four years. A large backlog of complaints had ac- cumulated by 1976. Students change schools Frequently, so complainants could not be lo- cated and complaints were often moot by the time HEW responded. Investigations were allegedly often perfunctory, and 22 percent of the cases filed during the period ~3 were closed without an investigation. When HEW did obtain commitments from school officials to eliminate illegal practices, OCR did not monitor whether they actually did so. The large number of school districts against which no complaints had been filet! were not adequately monitored. It is diffi- cult to determine how much enforcement has improved subsequently, but the OCR director commented that HEW's enforce- ment efforts had been neither widespread nor energetic (U.S. Commission on Civil Rights, 19801. In December 1977 in A clams v. Califano, the Court directed HEW and the Depart- ment of Labor to institute enforcement pro- ceedings. 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. Between 1972 (when Title IX was enacted) and 1980, OCR issued 33 no- tices of intent to initiate administrative pro- ceedings to terminate funds and actually proceecled to hearings in only a few cases (U.S. Commission on Civil Rights, 1980~. Five cases that involved employment dis- crimination were referred to the Depart- ment of Justice for prosecution through 1980, but the department declined to act on any of them (U. S. Commission on Civil Rights, 19801. As of 1980, no school had ever lost federal funds for noncompliance (Project on the Status and Education of Women, 1981~. In 1981 the U.S. Commission on Civil Rights reported that, although the Office for Civil Rights, then the authorized enforcement agency, had made improvements, enforce- ment of Title IX was still unduly slow and at times inadequate (Project on the Status and Education of Women, 1981~. In the same year, an evaluation by the National Advisory Council on Women's Educational Programs (1981) concluded that progress had oc- curred, but offered only anecdotal evidence documenting this conclusion. Studies of particular enforcement regions
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114 WOMEN'S WORK MEN'S WORK trace the consequences of enforcement in- activity (Miller and Associates; Michigan Department of Education; both cited in U.S. Commission on Civil Rights, 19801. A study of one region found few of the schools in full compliance and many exerting only minimal efforts to comply. This poor record resulted partly because they had not received ade- quate information regarding their obliga- tions or the guidelines for implementing the requirements, but also partly because they did not take the threat of sanctions seriously. The U. S. Commission on Civil Rights (1980) found that when both OCR staff and recip- ient institutions knew that sanctions would not be imposed, the former pressed in ne- gotiations for compromise rather than fills compliance. According to the Commission on Civil Rights, several studies have shown that adequate technical assistance, particu- larly in self-evaluation, promotes voluntary compliance, but that this assistance has not oRen been offered by OCR staff. In sum, the OCR has been criticized as being slow to issue guidelines and process complaints and for showing little commit- ment to discovenng violations or helping institutions prevent them (U. S. Commission on Civil Rights, 1980~. ii No research exists ii In view of the minimal enforcement efforts, it is perhaps not surprising that changes regarding employ- ment in educational institutions covered by Title IX have not been dramatic. In 1974 women were 13 per- cent of elementary and secondary school principals; four years later their share of these jobs had increased by 1 percentage point (National Advisory Council on Women's Educational Programs, 1981). Between 1972- 1973 and 198~1981, the number of female school su- penntendents increased from 65 in 13,000 (Brenner, 1981) to 154 in 16,000 (National Advisory Council on Women's Educational Programs, 1981). Women col- lege 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 di- mensions, such as salary, but the sex disparity in the percentage who were tenured widened (Astin and Sny- der, 1982). that has statistically estimated the impact of Title IX on sex equity in higher education. The law was passed when strong political pressure pushed for sex equity in education, and its passage may have fileled that move- ment. Women's participation in professional and postgraduate education has increased, and sex segregation across college majors has declined (see Chapter 31. Research has not established, however, the extent to which Title OX has contributed to these changes. Exemplary Programs We located little research assessing spe- cific programs to combat occupational sex- role stereotyping in secondary schools. Ac- cording to a review by Evenson and O'~eill (1978), the following factors contribute to the effectiveness of such programs: in-ser- vice training for school staff, basing course content on students' actual experiences, early intervention, providing follow-up support, and involving parents in support networks. For example, Project Eve in the Houston school system, which provided information, counseling, and encouragement to high school girls, resulted in increased female en- roliments in every vocational course, and dramatic increases in auto mechanics, met- als, radio and television, plumbing, and air conditioning courses (Evenson and O'Neill, 1978~. The importance of institutional in- volvement is suggested by the fact that one review (Beach, 1977) could locate no in- stance in which individual teachers or coun- selors initiated change on their own. Evaluations of programs to increase gids' enrollment in mathematics courses and to encourage women's participation in science and engineering suggest that some have been quite effective. For example, in an experi- ment in which fourth through sixth graders were asked to figure out how science toys worked (described in Rossi, 1965), some girls were reluctant to take part, explaining that girls were not supposed to know about such
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REDUCING SEX SEGFtEGAT10N IN THE WORKPLACE things. The children's teachers ant! parents were informed of this result and its impli cations for the girls' understanding of sci ence. When the experiment was repeated the following year, girls did the task willingly and with apparent enjoyment, and the sexes performed almost identically. Some reme dial programs serve adult women who are either returning to school or in the labor force; others at the secondary level attempt to change the learning environment or at titudes of girls, their teachers, or parents. A mode] 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. Casserly (1982) sur veyed several high school programs to de termine what factors were most effective in encouraging girls' study of mathematics. More important than parents or peers were teachers, especially those with a mathe matics or science background (rather than a background! in mathematics education), with advanced degrees, and with prior profes sional employment that used their math skills. Adult role models also apparently il lustrate the value of mathematics. Fennema (1983) found that young women avoided mathematics courses because they were less likely than men to believe that math is use fi~l, and that a brief intervention chant that belief. The evidence that all-female classes are more effective is rather strong (Fox, 1981; Casserly, 1982~. At the aggregate level, several data sets show a narrowing of the sex differential in mathematics back grouncI: 1960 Project Talent data revealed that 9 percent of the girls and 33 percent of ~ theboystookfouryearsofhighschoolmath- mode! projects designed to increase wom ematics; the 1977-1978 National Assessment en's participation in engineering have been of Educational Progress data for 1,776 high more effective than those oriented toward school seniors showed considerable conver- science (Lantz et al., 19821. Several expla gence: 31 percent of the boys and 27 percent nations for this difference are possible. Not 115 of the girls had four years of math (Brenner, 19811. It seems unlikely that these changes are due primarily to special programs, but many such programs have been demonstra- bly successful (Fox, 19811. Since 1974 the National Science Foun- dation (NSF) has supported experimental programs to encourage women to pursue careers in science, mathematics, and engi- neering. In 1976 Congress authorized NSF to develop methods to increase the flow of women into scientific careers. Over the next four years, NSF funded programs at 99 col- leges and universities as well as a Visiting Woman Scientist Program for high school students. Evaluation indicated that high schools welcomed the women scientists' vis- its, which encouraged girls to seek infor- mation about scientific careers (Lantz et al., 1980~. NSF also supported programs to pre- pare women with bachelor's or master's de- grees in the sciences to enter and find employment in fields in which women were markedly underrepresented. Extensive evaluation indicates that these programs also were very successful. Lantz's conclusions re- garding successfill programs to encourage women to pursue scientific careers probably hold also for nonscience programs: they should identify and eliminate barriers in the workplace, alter management's perceptions of women's potential contributions, increase women's understanding of what employers want, and create support systems for women. In 1981 the National Science Founclation Authorization and Science and Technology Equal Opportunities Act was passed to fur- ther encourage full participation by women and minorities in scientific, engineering, and technical fields. Preliminary evaluations of some of the programs NSF has supported under this and the 1976 act suggest that
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116 WOMEN'S WORK MEN'S WORK only did the engineering schools as a group cooperate, but a bachelor's degree in en- gineering is often a terminal degree that qualifies the holder for a job, and job op- portunities recently have been excellent. Concision The impact offederal laws prohibiting dis- crimination in federally supported public education on reduced sex segregation in the workplace is difficult to measure, but it is probably not large. Implementation of Title IX has been slow, and few school districts or universities have been reviewed for com- pliance with the law. The decline in sex dif- ferences in various educational achievements during the 1970s cannot be directly attrib- uted to the existence or enforcement of an- tidiscrimination laws, although some state and regional studies show a link between amount of enforcement of Title IX and changes in certain indicators. In general, little scientific research has been carried out to evaluate the effectiveness of various pro- grams to combat occupational sex stereo- typing in the schools. Sundry evidence suggests that when decision makers are com- mitted to sex equity, staff are more coop- erative and change more likely. Evaluation of programs designed to encourage girls and women to study mathematics and science have shown them to be effective. Generally, the evidence suggests that small programs funded under sex equity laws have been more likely to succeed than large-scale interven- tions, probably because of the difficulties in ensuring the implementation of the latter at the local level. INTERVENTIONS TO ACCOMMODATE FAMILY RESPONS~=TIES We noted in the previous chapter that, despite mixed empirical evidence linking women's work in family care to specific labor market outcomes such as job segregation and lower wages, it seems likely that the tradi tionally greater responsibility of women for family and child care and housework affects their labor market participation in a variety of ways. Interventions by the federal gov- ernment aimed at changing the traditional division of labor between the sexes have been virtually nonexistent, but in recent years some effort has been directed toward at- tempting to accommodate women's respon- sibilities, particularly for children, to their wage-work lives. For the most part, these accommodations have also been available to men. Before fuming to them, however, we point out that several long-established areas of federal policy actually reinforce the tradi- tional division of labor between women and men. The federal income tax system (and many state systems as well) treat the family as the tax-paying unit and use a progressive rate structure. As Gordon (1979a) and others have pointed out, these two practices tend to discourage the labor market participation of secondary family earners, usually women. Because wives generally earn less than their husbands, their earnings are viewed as the additional or marginal earnings, which are taxed at higher rates because of the pro- gressivity of the tax structure. Although the joint taxation of the husband and wife and the income-splitting provisions of the fed- eral tax code benefit families with a non- wage-earning wife, they actually provide a disincentive to the married working couple who pay higher taxes together than if they were not married. This marriage penalty is generally greatest when husbands and wives earn similar incomes in the middle and up- per income ranges. It has come under in- creasing scrutiny in recent years, as increasing numbers of women work for wages. Despite the recent addition of a tax credit for working spouses, however, the penalty has not been entirely eliminated. The social security system also rewards the traditional family at the expense ofthe work- ing couple (Gordon, 1979b). Again because women's earnings tend to be lower than those
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REDUCING SEX SEGREGATION IN THE WORKPLACE Of their husbands, women often receive higher retirement benefits by Liaising the benefits they are entitled to as spouses rather than those based on their own earnings. In essence this means that the return a wife gets on her payments as a worker over her lifetime are nil. In general, working couples get a lower return to their social security payments than do single-earner couples. Such policies, while they may not contribute directly to job segregation by sex, provide negative incentives to wo~nen's paid e~n- ployment in general and accordingly prob- ably affect women's careers at work as well. Child Care Except during periods of war and depres- sion, the role of the federal government in providing organized child care has been small (U. S. Department of Labor, Mannower Administration, 19751. Over the past 20 years, however, the federal government ant! some private employers have tried to reduce the constraint that the lack of child care rep- resents for many women. The federal efforts have included both direct subsidies to child care centers as well as tax credits to parents and tax incentives to employers. Federal legislation that provides funds for child care services sought to reduce poverty by en- abling low-income mothers to participate in job training programs or enter the labor force. These programs included Head Start, Aid to Families With Dependent Children, WIN, and CETA (U. S. Department of La- bor, Manpower Administration, 1975 U. S. Department of Labor, Women's Bureau, 1982b).~2 But these programs have been helpful to varied and often limiter] degrees (U.S. Commission on Civil Rights, 1981b). For example, CETA programs were locally |2 Other federal programs me discussed in greater detail in reports on day care by the U.S. Commission on Civil Rights (1981b) and the Women's Bureau (U. S. Department of Labor, Women's Bureau, 1982b). 117 administered, and unsler block grants most local programs preferred to use their re- sources in other ways that provided more visible payoffs. No national data exist on the number of women who received child care under CETA since it was grouped with other social services supported with CETA funds. Because these programs have been geared toward low-inco~ne women, eligibility re- quire~nents involve main income levels that may actually restrict women's oppor- tunities. The U. S. Commission on Civil Rights report on child care and equal op- portunity for women (1981b) noted instances of women forced to turn down better-paying and less sex-stereotyped jobs to avoid ex- ceeding the allowable income and thus los- ing eligibility for child care assistance. Recently the federal government's policy toward child care has shiRed from providing direct support or subsidies to child care cen- ters to offering tax credits to individuals and providing incentives to employers. De- pending on their income, employed parents can deduct between 20 ant! 30 percent of child care expenses from the taxes they owe, thereby reducing the financial burden child care represents. 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. It does not require them to do so, however, and it seems unlikely that many have implemented the suggestion. Branches of the military, in contrast with other federal employers, have often provid- ed extensive child care facilities (U.S. De- partment of Labor, Women's Bureau, 1982b). Other public and private employers also address employees' child care needs through direct subsidies, on-site facilities, sick-child programs, and participation with other employers in child care consortia. In 1981 the Economic Recovery Tax Act re- vised the Internal Revenue Service code to
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718 WOMEN'S WORK, MEN'S WORK allow employers to provide child care ser- vices as a tax-free benefit to employees (Ka- merman and Kingston, 19821. Both em- ployees and employers report benefits from workplace child care facilities (U. S. De- partment of Labor, Women's Bureau, 1982b), including a decline in turnover and absenteeism, improved employee morale ant] productivity, and public relations and recruiting benefits to the company. Flexible Work Scheduling Employers can also mitigate the con- straints that women's child care responsi- bilities place on their access to certain jobs by permitting workers of both sexes flexi- bility in scheduling their working hours. The potential benefit to working parents of"flexi- time" or related alternatives such as job shar- ing and voluntary compressed workweeks is obvious. A wide range of public and private employers have experimented with permit- ting employees more flexibility in schedul- ing their working hours (Barrett, 19791. Many federal agencies have instituted venous forms of flexitime and recent civil service legisla- tion requires that a certain proportion of federal jobs be available on a part-time basis, with all of the protections and benefits ac- corded full-time workers. While we discov- ered no assessment of the impact of flexible work scheduling on women's access to tra- ditionally male jobs, workers as well as su- pervisors overwhelmingly judge experi- mental programs as successful (Krucoff, 1981~. One project that sought to encourage employers to permit flexible work sched- ulinc; for welfare mothers participating in workers, not only because many women de- pend on these jobs for income, but also be- cause the availability of well-paying, career- enhancing part-time work would contribute to a general reassessment of the allocation of paid employment and family work be- tween husbands and wives. Of course, flexi- time and job sharing cannot foster women's integration into predominantly male jobs or men's greater participation in family work if they are available primarily in the tradition- ally female sectors. CONCLUSION During the 1960s and 1970s numerous federal laws and regulations were enacted and promulgated prohibiting certain forms of discrimination in employment, training, and education. Assessing their effect is not easy. Enforcement agencies have had in adequate resources and enforcement has been uneven. Evaluation has not had a high priority for agencies, and statistical attempts are weakened by the difficulty of ruling out alternative explanations. In particular, the prominence of the women's movement dur ing these same years, and its contributions not only to the passage of the laws but also to changes in attitudes and behavior, com plicates the study of cause and effect. Never theless, a variety of evidence suggests that these remedies have contributed to ob served decreases in occupational segrega tion. Several types of evidence, both direct and indirect, demonstrate the impact of antidis crimination laws and regulations in the em ployment area. First, information about par WIN garnered considerable cooperation ticular establishments against which (U.S. Department of Labor, Employment enforcement agencies brought action or and Training Administration, SYNC). rart time work is more frequently available in traditionally female jobs than others and is often penalized by the lack offringe benefits and advancement opportunities. Barrett (1979) points out the importance of improv ing the working conditions of part-time ~ _ And` ~about industries that were targeted for spe cial enforcement efforts provide the most direct evidence. Although compliance agreements have often not been adequately monitored, evidence for some cases (e.g., AT&T, the steel industry) shows clear in creases in women's representation in jobs
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REDUCING SEX SEGREGATION IN THE WORIULACE that had been held almost exclusively by men. Consiclerable change has also occurred in women's participation in formerly pre- dominantly male jobs in the three industries that the Office for Contract Compliance Pro- grams targeted for special enforcement ef- forts: banking, insurance, and mining. Sec- ond, in-depth studies of federal contractors in construction revealed a broad consensus that the goals required by contract compli- ance regulations accounted for women's small gains in construction jobs. Third, increas- es sometimes dramati~in women's rep- resentation in several male-dominated professions (for example, accounting, engi- neering, law) have been creclited by many either directly or indirectly to affirmative action. Fourth, after the Equal Employment Opportunity Act (1972) extended the pro- tection of Title VII to federal employees, the representation of women in higher gracles increased. Fifth, surveys of large establish- ments indicated that awareness of federal enforcement by top management is common and is associated with successful programs to integrate male-dominated jobs. Finally, statistical studies of the effect of Title VII or the executive order barring discrimination by federal contractors show positive enforce- ment effects. Although some ofthese studies can be individually criticized, taken togeth- er they suggest that antidiscrimination laws have modest effects in the intended] direc- tion. With respect to employer initiatives, companies have used a wide variety of mech- anisms that were outside their normal per- sonne} practices to place women in jobs sel- dom held by them. Sometimes internal labor markets including job requirements, sen- iority systems, and job ladders had to be restructured. In blue-collar jobs, success re- qu~red innovative recruitment programs, in some cases involving outside agencies that specialized in preparing women for such po- sitions. Pretraining and on-thejob training proved to be very important, as did support systems and involving immediate supervi ~9 sors in developing tactics. Increasing wom- en's representation in managerial jobs de- manded fewer special practices. In organizations that were most successful in broadening the occupational outcomes of women, top-level management was typically committed to equal employment opportu- nity. Successful organizations set goals and timetables, established monitoring systems, and allocated sufficient resources. Studies of women in apprenticeship pro- grams inclicate that genuine affirmative ef- forts, required by guidelines issued by the Department of Labor in 1978, are effective in attracting women to male-clominated pro- grams, but that typical features of appren- ticeship programs, such as age limits, clis- courage women from participating in them. Pretraining appears to enhance women's chances to qualify for programs and to suc- ceed within them. Available evidence sug- gests that the regulations requiring equal employment opportunity for women in fed- erally registered apprenticeship programs have contributed to women's small gains in customarily male programs. Although en- forcement has reportedly been minimal, where good faith efforts have been made, women's representation has increased. In a few instances in which strong efforts were documented (e.g., the maritime industry, the construction industry in Seattle), wom- en's gains have been more impressive. The least progress has occurred in construction- related programs, in which informal barriers and employer resistance are reportedly high. Since many of these programs fall under the executive order for federal contractors, es- tablished goals and enforcement tools exist; their implementation has apparently been problematic. Federally fi~nded employment training programs, evidence indicates, have done lit- tle to reduce segregation. Although a 1978 amendment to the 1973 Comprehensive Employment and Training Act (CETA) stip- ulated that all programs contribute to elim- inating sex stereotyping, most CETA pro
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120 WOMEN'S WORK MEN'S WORK grams were segregated by sex. Nevertheless, CETA supported some very effective small programs specifically geared toward training women for sex-atypical occupations. Fed- erally sponsorec! training programs have de- monstrably fostered women's integration into certain occupations when they were admin- istered with this goal. The new programs under the lob Training Partnership Act (ef- fective in 1983) do not generally have effec- tive EEO enforcement mechanisms. Vocational education in the public schools, which prepares many students for jobs, has been highly sex-segregated since its incep- tion. Although the effects of vocational ed- ucation on students' subsequent employ- ment outcomes are not well documented or understood, it seems likely that vocational education has helped to prepetuate sex seg- regation in the workplace. The 1976 Voca- tional Education Amendments addressed this by requiring federally Ended vocational programs to eliminate sex stereotyping and sex discrimination and specifying mecha- nisms for the individual states to achieve these goals. The states have varied consid- erably in their responses. In those that im- plemented the regulations fully, female en- rolIment in sex-atypical courses increased. States with detailed plans including goals and timetables have shown the greatest de- cline in segregation. The varying degrees of progress across the states indicate that fecI- eral funds for desegregating along with a legislative mandate is not enough. Active monitoring of schools is essential. Overall, segregation across major voca- tional program areas has declined. Women continue to be concentrated in stereotypi- cally female programs, however, and most integration has occurred in programs with- out a strong masculine image, such as draft- ing and graphic arts. The most successful state programs have established a broad base of support for women in mixed and nontra- clitional courses. Effective local programs have used affirmative action to attract stu- dents and have developed procedures, such as female role models and counseling, to neutralize peer group pressures. They have also cleveloped ties with the community, fos- tered contacts with prospective employers, and provided special training and support services for vocational instructors. Title IX of the 1972 Educational Amend- ments was designed to protect students from sex segregation in educational programs at all levels, but its implementation was slow and few school districts or universities have been reviewed for compliance with the law. Sex differences in various educational out- comes (years of mathematics, college major, graduate and professional study) clid decline during the 1970s, however. Although these declines cannot be directly attributer! to the existence or enforcement of antidiscrimi- nation laws, some state and regional studies observed a link between enforcement of Ti- tIe IX and women's gains on certain indi- cators. Generally, however, little scientific research has been carried out to evaluate the effectiveness of programs geared toward increasing sex equity in the schools. A few evaluations do suggest the importance of commitment by decision makers for genuine efforts by staff and for real progress. In con- trast to the limited assessments of the impact of Title IX, evaluations of programs designed to increase girls' and women's participation in scientific and mathematics education in particular, programs funded by NSF show them to have effectively trained women in these fields. We know less about their in- direct impact on women's subsequent entry into these fields, but in view of the strong link between training and professional em- ployment in science, it seems likely that Hey have helped to reduce sex segregation in scientific and technical occupations. The re- sults 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
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REDUCING SEX SEGREGATION IN THE WORKPLACE . ficulties in ensuring the implementation of the latter at the local level. We must point out, however, that despite the success of several exemplary programs, there is no evi- dence that the effects on sex segregation in the workplace of federal laws prohibiting discrimination in federally funded education are large. Improving women's employment oppor- tunities by seeking to better accommodate women's family responsibilities to the de- mands of the work world has not been a common domain of federal interventions. Indeed, many federal policies, particularly in income taxation and social security ben- efits, tend to reinforce a division of labor within the family in which one aclult takes primary responsibility for wage earning and one takes primary responsibility for family care. These policies are increasingly prob- lematic in an era when the majority of wom- en work for wages throughout much of their lives. In several surveys, women state that lack of adequate child care limits their par- ticipation in the labor market. While it is not clear to what extent inadequate chilc] care contributes clirectly to sex segregation, improved availability of child care would no doubt improve women's employment op- portunities generally. We note that the im- proved availability of chilc! care is important for fathers and children as well as mothers. Finally, we report and comment on recent changes in civil rights policy and enforce- ment. Several measures inclicate that the federal enforcement effort has decreased since 1980. According to the Office of Man- agement and Budget, total government out- lays for civil rights enforcement have de- clined in real terms by 15 percent between 1980 and 1983. Moreover, since 1980, as reported by Burbridge (1984), the number of employment discrimination cases filed in the courts has grown by more than 50 per- cent, but cases filet! by the U. S. government have declined by more than 25 percent. Bur- bridge also reports that, in the OFCCP, al- though the number of complaint investi 121 gations and compliance reviews completed annually has increased stea(lily, the number of administrative complaints filed and de- barments has fallen, and the proportion of cases closed without investigation has risen. Similarly in the EEOC, the agency's budget and number of authorized positions were significantly reduced, the settlement rate feD nearly 20 percent, and the no-cause rate increased about 10 percent. The evidence reviewed above suggests that, in the employment area, quotas, goals, and timetables have been important in in- creasing opportunities for women and mi- norities. At the same time, public opinion is divided with respect to their efficacy and fairness. With recent changes in the philos- ophy and practice of federal civil rights en- forcement, the current administration is moving away from these remedies. Since 1981, for example, the Department of Jus- tice has joined several cases to argue against the use of quotas in hiring, promotion, and layoffs. It has interpreted the Supreme Court's decision in Firefighters v. Stouts (104 S.Ct. 2576 [19844) broadly, arguing that it suggests that all court-ordered quotas are illegal. Many civil rights lawyers believe the decision applies only to court orders that go beyond original consent decrees and that the major impact of the decision will be on sen- iority and rayons. To date the Justice De- partment view has been rejected by the fed- eral district and appellate courts. i3 The ]3 See EEOC v. Local ~8 . . . Local 28 of Sheet Metal Workers' International Association, 759 F.2d 1172, 1185-86 (2d Cir. 1985); Turner v. Orr, 759 F.2d 817 (llth Cir. 1985); Vanguards of Cleveland v. City of Cleveland, 753 F.2d 479 (6th Cir. 1985); Diaz v. AT&T, 752 F.2d 1356, 1360 & n. 5 (9th Cir. 1985); Janowiak v. Corporate City of South Bend, 750 F.2d 557 (7th Cir. 1984); Van Aken v. Young, 750 F.2d 43 (6th Cir.1984); Johnson v. Transportation Agency, 748 F.2d 1308, 1314 (9th Cir. 1984); Wygant v. Jackson Board of Education, 746 F.2d 1152 (6th Cir. 1984), cert. granted 104 S. Ct. (1985); Kromnick v. School District of Philadelphia, 739 F.2d 894 (3rd Cir. 1984),
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122 WOMEN'S WORK, MEN'S WORK Department of Justice also changed its po- sition on the Grove City College case, ar- guing, in its second brief, for a narrow inter- pretation of Title IX. The evidence also shows that leadership and commitment to equal opportunity and affirmative action are important to their ef- fective implementation. 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. denied, 104 S. Ct. (1985); Grann v. City of Mad- *on, 738 F.2d 786 (7th Cir. 1984~. though this shift is viewed by its proponents as more effective in advancing their concept of equal opportunity, some observers have interpreted these changes as reduced com- mitment to equal opportunity (Peterson 1985a, 1985b; Williams, 1985b). Obviously, evidence about the effectiveness of the new policy directions in terms of employment opportunities for women and minorities is not yet available. However, the evidence discussed above suggests that policies intro- duced during the preceding two decades have been effective in improving employ- ment opportunities for women and minor- ities when adequately enforced.
Representative terms from entire chapter: