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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
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
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 - ~, _
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
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
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).
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
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.
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 . . . , ~
94 WOMEN'S WORK, MEN'S WORK - had a major effect on their organizations' employment practices. Awareness offederal laws and the financial costs of violating them were cited repeatedly as primary factors in stimulating change. A Conference Board survey of about 250 large corporations (Shaeffer and Lynton, 1979) confirmed the importance of manage- ment commitment for increasing women's employment opportunities. Top manage- ment awareness of federal laws and regu- lations related to equal employment policy was perceived as an important determinant of the success of the company's efforts. Few of the firms said that an actual complaint, investigation, or lawsuit hacI spurred their efforts, but they often mentioned awareness of large back-pay awards in cIass-action suits against other employers, and they deemed the risk of a Title VII class action suit a very real one. Evidence From Statistical Studies Several researchers have attempted to as- sess statistically the effectiveness of antidis- crimination regulations. Researchers seek- ing to probe the impact of the EEOC's enforcement of Title VII typically use time series data to compare the relative employ- ment status of women and/or minorities be- fore and after Title VII was implemented. Using this method, Freeman (1973, 1977) found that the earnings of blacks relative to those of same-sex whites increased more rapidly after 1964, when Title VII was passed. Later work (Vroman, 1975; Ginsburg and Vroman, 1976) partially replicates Free- man?s findings, but critics (Butler and Heck- man, 1977) point out that Freeman's con- clusions could be the result of selection bias; the lowest-paid blacks may have dropped out of the labor force in increasing propor- tions during these years. Beller (1979, 1980, 1982a, 1982b) has es- timated the impacts of Title VII on sex and race differences in employment outcomes using cross-sectional as well as longitudinal designs. Several studies examine the male female earnings differential and the proba- bility of being employed in a male-domi- nated occupation before and after EEO laws were implemented. These studies reveal that enforcement of Title VII (as indicated by number of investigations and ratio of charges to settlements) increased female earnings slightly between 1967 and 1974 en cl nar- rowed the sex differential in the probability of working in a predominantly male occu- pation. While subject to some procedural criticisms (see, for example, Brown, 1982), Beller's results hold across various mea- surement techniques. Recently Leonard (1984a) attempted to determine whether Title VII litigation af- fected the employment status of blacks with- in manufacturing industries. Using 1966 and 1978 EEOC data, he found a significant im- provement in the representation of black males and an even stronger effect for black females, both of which could be attributed to litigation. Individually these statistical studies of the effectiveness of Title VII for minorities and women have various limitations, but on bal- ance they suggest more rapid improvement in employment status for blacks and some- times women than would have occurred in the absence of enforcement. Most studies of the impact of Executive Order 11246 (11375) and its enforcement by the OFCC compare the proportions of mi- norities or women or both employed by fed- eral contractors and noncontractors at a sin- gle point in time, or rates of change in these proportions between federal contractors and noncontractors. Differences may be attrib- uted to the executive order, if other relevant variables (size of firm, type of industry, re- gion, condition ofthe local labor market, and so on) are controlled statistically. Unfortu- nately, it is not always possible to control for all relevant variables, and even if it were, interpretation of cross-sectional compari- sons can be difficult. For example, if en- forcing antidiscrimination orders leads con- tractors to hire protected workers from noncontractors, the cross-sectional compar
REDUCING SEX SEGREGATION IN THE WORKPLACE ison will overestimate any effect that exists or show a positive effect even if there is no net gain in employment status of the rele- vant groups. (This would also occur if en- forcement sorts firms into contractor and noncontractor groups according to their de- sire to discriminate.) Some biases will work in the other direction. If enforcement of the executive order leads noncontractors to re- Eain from discriminating, then cross-sec- tional comparisons will indicate little or no eject when the opposite is actually true. Three studies analyzing data for the late 1960s and early 1970s and focusing primarily on racial discrimination (Ashenfelter and Heckman, 1976; Goldstein and Smith, 1976; Heckman and Wolpin, 1976) illustrate the basic approach.4 Using EEOC data for race ant! sex distributions across nine broad oc- cupational categories,5 they found modest effects of OFCC activities on total black male employment, very small effects on black fe- male employment, and no effects on the pro- portion of blacks in skilled occupations. On one hand, because these data do not tap changes within the broad occupational categories, they probably understate the im- pact of the executive order. On the other hand, if women and minorities whom con- tractors employ are concentrated in the least- skilled, most poorly paid jobs within occu- pational categories, which is probably the case, effects would be overstated. In re- viewing these studies, Brown (1982) notes that problems with the data and with the use of noncontractors as the control group can give rise to potential biases in both cli- rectior~s, but that none of the studies seems uniquely persuasive. He concludes that they 4 During most of this period, compliance efforts were directed primarily at racial discrimination, and the eval- uation studies accordingly focus on changes in black- white differences. 5 EEO-1 data are drawn from the reports that all federal contractors and certain other employers must submit annually to the EEOC. They provide occupa- tional distributions across nine broad occupational groupings by race and sex. 95 point to a positive "but hardly revolutionary effect (probably no more than 10 percent in the 'long run') of OFCC activities" on rel- ative employment of black men in contractor firms and very little effect for black women. The small effects found in these early years are understandable because effective imple- mentation (including the development of concepts such as the available labor pool and a system of accountability within the OFCC) began about 1971. Later studies tend to show larger effects. Beller (1982b) estimated that between 1967 and 1971 affirmative action required by the OFCC reduced barriers to white women's entry into male-dominated occu- pations. By 1974 black women began to gain relative to black men, but by then almost half of white women's gains had erocled. Beller suggested that poor economic con- ditions caused newly hired white women to be laid off, although it is not clear why black women were not similarly affected. Else- where Beller (1980) showed that increases in the unemployment rate in the early 1970s substantially hampered the effectiveness of Title VII with respect to equalizing the earn- ings of men and women. A study based on more recent data pro- vides evidence that the federal contract compliance program is generally effective in improving employment opportunities for minorities and women. When he examined almost 70,000 establishments in 1974 and 1980, Leonard (1984b) fount! that the em- ployment shares of women and minorities grew more rapidly among contractors than noncontractors. The effect was largest for black men and smallest for white women. He also found that compliance reviews con- tributed significantly to black and other mi- nority representation in the sampled estab- lishments, above and beyond contractor status alone, but their effect for white wom- en was negative. As Leonard notes, the en- trance into the labor force during this period of massive numbers of white women who took jobs with both contractors and noncon- tractors could have obscured any effect the
96 - contract compliance regulations hacI. With- out evidence supporting this interpretation, however, the available data suggest that the contract compliance program has been most effective for blacks of both sexes and least effective for white women. Contrary to the findings of earlier studies, Leonard, in an- other study using the same data (1984c), found that minority men made particular gains in skilled white-colIar occupations. One other cross-sectional study (Oster- man, 1982) deserves mention both because it measures OFCCP effect in a slightly dif- ferent way and because it focuses on women. Oster~nan assumes that quit rates measure job contentment and thus might contain in- formation about the effectiveness of a~rm- ative action. Using 1978-1979 data from the Pane! Study of Income Dynamics, he found that several indicators of OFCCP activity statistically reduced women's (but not men's) propensity to quit, when personal and job . characteristics were controlled. He con- cluded that affirmative action enforcement makes women more willing to stay with their jobs, perhaps through higher wages or im- proved aspects of the job. If OFCCP activity were simply correlated with something at- tractive about an industry, then men's quit rates should also have responded to OFCCP activity. That they did not reduces the like- lihood that the effect for women is spurious. Finally, using a sociologically realistic mode! that took into account changes in pop- ular attitudes toward blacks' and women's rights to work, unemployment rates, and aggregate educational levels, Burstein (1983) found that total federal enforcement ex- penditures and the percentage of final ap- pelIate court decisions favoring women and minorities were associated with strong gains in the incomes of black women relative to white men and slightly smaller gains for black men and white women. Conclusion The statistical studies ofthe effects of Title VII and the federal antidiscrimination reg WOMEN'S WORK MEN'S WORK , ulations, coupled with the case studies, sug- gest that they have made a difference. The effects that can be demonstrated statistically in the early years are not large; this is not surprising because it took some time for im- plementation to become effective. Studies based on data since the early 1970s show stronger effects, a finding in accord with strengthened regulations and their more ef- fective implementation in the 1970s. In gen- eral, however, positive e£ects occurred most often for black men, somewhat less so for black women, and were least evident for white women. But some studies did show positive en- forcement effects for women, and the case studies demonstrate that women's entry into new occupations that were targeted for en- forcement effort was significant. As Beller and Han (1984) have shown, occupational sex segregation declined during the 1970s. The existence and enforcement of antidis- crimination regulations almost certainly contributed to this decline, both directly and by fostering attitude changes among both employers and workers about what kinds of work should be available to women. Evi- dence that enforcement works demonstrates that behavior and beliefs are not immutable. Since 1981, however, enforcement efforts have declined. The effects of this reduced level of effort on future employment op- portunities of women and minorities remain to be seen. The committee is concerned that the reduced effort will make Farther positive change less likely. The reduced effort, or even the perception of it, could affect the behavior of employers and others in many ways, ranging from subtle to overt changes in policy and practice. Efforts by Employers to Reduce Sex Segregation During the 1970s many companies set out to increase female employees' job oppor- tunities, and toward the end of the decade social scientists investigated the impact of some of these efforts. These studies provide
REDUCING SEX SEGREGATIONS IV THE \170R~=CE 97 information about the effectiveness of a va- riety of mechanisms for enhancing women's employment opportunities. UlIman and Deaux (1981) investigated the aftermath of a 1974 steel industry consent decree, and O'Farrell and Harlan (1982) studied tile ex- perience of blue-collar woolen in a large electrical products firm. To increase wo~- en's job options, some companies used gen- eral EEO strategies; others i~nplementec] specific mechanisms that emphasized re- cruiting and preparing women for sex-atvp- ical jobs. We discuss these two types of strat- egies below. The efforts of some companies stemmer! directly from consent decrees or other ac- tions that followed from efforts by federal enforcement agencies ant! private parties. Others established EEO programs volun- tarily. Women's job options did not improve "naturally." Committed top ~nanagers had to pursue this goal just as they would any other organizational goal by analyzing the problem, devising strategies, and taking concrete steps to ensure their i~nplemen- tation. According to a Conference Board sur- vey of 265 large corporations, the most i~n- portant factors for increasing women's opportunities were top-level commitment to equal opportunity, implementation and dis- semination of an equal employment policy that included goals and timetables, analysis of how the company used women and the modification of personnel practices as nec- essary, the monitoring of organizational per- formance, and the identification of and re- sponse to particular problems (Shaeffer and Lynton, 19791. Other studies confirm these results. On the basis of their study of 10 public utilities, Meyer and Lee (U.S. De- partment of Labor, Employment and Train- ing Administration, 1978) notec] the impor- tance of both high-level commitment to EEO-which apparently was fostered by awareness of the legal consequences of non- compliancc and publicizing the company's EEO efforts. On the basis oftheir review of several case studies, O'Farrel1 and Harlan (1984) out lined tile operation of an effective internal administrative structure for setting and i~n- ple~llenting EEO policy. It must include centralized accounting and control but also provide for line responsibility. Because line managers must implement policy that they may personally oppose, their involvement is critics (U.S. Department of Labor, Em- plovment and Training Administration, 1978~. It has been suggested that their re- sistallce can be minimized by recognizing and compensating line ~nanagers for their extra efforts (McLalle, 19801. Involving line managers in setting standards and screening also reduces the risk that they will feel tint unqualified women are being foisted on them (Schaeffer and Lynton, 19791. Ol~viously, adequate resources are essential. O'Farrell and Harlan (1984) and O'Farrell (1981) also stress the need to involve unions, Liaising that consent agreements that do not involve unions have sometimes i~npede(1 wo~nen's progress. The steel industry agreement was one of the few major consent agreements in the 1970s to which the union was a party. Corporations that respondecl to the Confer- ence Board survey reported more disap- pointing attempts to integrate women into blue- than white-colIar jobs, and a much higher proportion of the "failures" involved unionized employees. Although by no means conclusive, this result suggests that union cooperation can facilitate integrating women into blue-collar, formerly all-maTe jobs. Specific mechanisms that have been used successfully to attract and qualify women for jobs that had been predominantly or totally male include using outside agencies as well as modifying internal personnel practices. To inform women of opportunities, employ- ers must use aggressive recruitment tactics such as job fairs (O'Farrell and Harlan, 1984), advertise jobs broadly, and post them throughout the plant. Job posting has been required in some consent decrees; posting sex-atypical jobs in areas where women work may convince them that these jobs are open to them (Shaeffer and Lynton, 19791. Post- ing is not effective, however, when seniority
98 WOMEN'S WORK, MEN'S WORK governs job allocation and women's seniority is not transferable to another department. In fact, some companies reported that bac] feelings were generated when notices pro- vided inadequate information, jobs were al- ready filled by the time interested female employees responded, or unsuccessful can- didates were not told why they were passed over (Shaeffer and Lynton, 19791. When the pool of interested female em- ployees proved inadequate, some compa- nies recruited women through skilled trades training programs (Kane and Miller, 1981; Uliman and Deaux, 19811. Another effective strategy was to list employees who might be candidates for sex-atypical jobs. Others en- couraged supervisors to identify women in- terested in shifting to a predominantly male job (Shaeffer and Lynton, 19791. Some com- panies included women who had not ex- pressed any interest in male-dominated jobs, in recognition that women's perceptions about appropriate work roles were chang- ing. Some firms assisted female employees with career planning, described opportun- ities in nontraditional blue- or white-colIar jobs, or gave women a chance to observe women already employed in predominantly male occupations. Many companies broad- ened the pool of female candidates by elim- ~nating unnecessary job requirements. Using female recruiters and innovative recruit- ment practices was also effective (Shaeffer and Lynton, 19791. Several firms found recruiting women to blue-collar jobs a greater challenge than re- cruiting them to nontraditional white-colIar jobs. Some reportedly found it very difficult to recruit women for totally unskilled heavy physical labor jobs, even when these were entry-level jobs leading to better positions, because many women believed that they were likely to have that job permanently (a perception that is often realistic for typically female occupations). Companies were more successful in moving women directly into semiskilled jobs that led to highly skilled jobs or into training programs for skilled craft jobs. Some firms devised their own pro- grams to train women who were already em- ployed in typically female jobs for new work. The presence of a few women in skilled jobs showed others that it was worth the initially unpleasant work (Shaeffer and Lynton, 19794. Employers also found that women were more willing to transfer to an atypical job if they had the right to return to their former job (O'Farrell and Harlan, 19841. Because conventional seniority en c] job- bidding systems often prevent women from bidding for jobs that have been dominated by men (Roos and Reskin, 1984), modifi- cations have been necessary to bring about change in many instances, such as the steel industry consent decree described above. The AT&T-EEOC consent decree included a seniority override that allowed women ant! minorities to pass more senior white men. Used over 35,000 times at the nonmana- gerial level during the six years of the con- sent decree (O'Farrell and Harlan, 1982), the override provision contributed to AT&rs reaching at least 90 percent of its hiring tar- gets after the first year. Devising mechanisms to enhance wom- en's chances for success on blue-collar jobs in which they are pioneers is particularly difficult (U.S. Department of Labor, Em- ployment and Training Administration, 19784. Women who moved into blue-collar heavily male jobs typically encounterer] more opposition from both coworkers and super- visors than women who moved into mana- gerial jobs. Prior training with the tools, skills, and vocabulary necessary to do the job raised their level of competence when they began the work and reassured male coworkers. This is particularly important be- cause some male employees who initially supported hiring women changed their minds when some of the first women did not measure up. Since only one or two women often enter a male work group, each woman's performance is taken as typical of what all women are likely to do. Equally important was careful screening. Part of the
REDUCING SEX SEGREGATION IN THE WORSE differential success rates for moving women into white- and blue-collar jobs was linked to the more careful screening for the former. The more thorough the screening, the more likely women were to succeed (U.S. De- partment of Labor, Employment and Train- ing Administration, 1978; Shaeffer and Lynton, 1979~. Management has successfully intervened in response to coworker opposition or ha- rassment. Some companies sensitized shop stewards and supervisors and trained them in dealing with these problems. Extending probationary periods was effective in some blue-collar jobs. Women who moved into managerial jobs were less likely to experi- ence harassment, but they still encountered resistance to their acceptance (Harlan and Weiss, 1981~. One study found that women managers encountered sex bias regardless of their numbers (HarIan and Weiss, 19811. Thus, increasing the number of women in nontraditional roles may provide support and minimize isolation but may not necessarily reduce the risk of sex bias. Although some stress the importance of mentors, company- assigned mentors were not effective in one study (U. S. Department of Labor, Employ- ment and Training Administration, 1978; McLane, 1980~. Communications from top management to the coworkers of new women managers that clarified their status as equals rather than as upgrader! secretaries some- times helped (Shaeffer and Lynton, 19791. Management intervention or group o~scus- sions to identify problems and arrive at so- lutions salvaged some initial failures. In sum, companies that increased wom- en's representation in jobs previously held predominantly by men used a wide range of mechanisms that were outside their nor- mal personnel procedures. Nearly all prog- ress in hard-to-fi~] blue-collar jobs resulted from nontraditional recruitment and train- ing programs, often with the assistance of private agencies. Both job analysis and new recruiting techniques increased the pool of applicants. Often aspects of internal labor 99 markets-especially seniority systems and job requirements had to be modified. Sim- ply placing women in atypical blue-collar jobs was not enough: careful screening of pioneers was clearly critical, and pretraining often made the difference between co- worker acceptance or rejection and ulti- mately success or failure. Management minimized or remedied on-thejob prob- lems such as coworker hostility when they monitored men's reactions to integration by women. Generally companies were much more successful at increasing women's rep- resentation in predominantly male white- colIar jobs than in blue-collar jobs. Women did not invariably need special training, but companies that ensured that women ob- tained the same training and support that men did showed the most success. Most im- portant for overall success was commitment to equal employment opportunities for women, manifested in specific policies, goals, and timetables and coupled with a moni- toring system and sufficient resources. Since managerial commitment is linked to aware- ness offederal regulations and offederal en- forcement efforts, these findings provide additional grounds for the importance of maintaining federal EEO programs. INTERVENTIONS DIRECTED AT JOB TRAINING AND VOCATIONAL AND GENERAL EDUCATION ' Changing the behavior and practices of employers as described above leads pri marily to changes in the demand side of the labor market. In effect, employers increase their demand for previously excluded or re stricted groups by removing bamers to their hiring and advancement. Such changes also induce supply-si(le changes, since workers will respond to available opportunities But change can also be initiated on the supply side. If, for example, women train to be computer programmers and there is a crit ical need for computer programmers, em ployers will probably hire them even if they
100 WOMEN'S WORK MEN'S WORK would prefer men. Moreover, the avail- ability of women with the appropriate skills for a predominantly male job suggests that the job is perhaps not so intrinsically male after all. Because many of the better-paid traditionally male-dominated jobs require considerable acquisition of skills, many or- ganizations have emphasized improving training and education opportunities for women and girls. Here we review the results of some of these efforts, particularly those that are related to federal laws and regula- tions. Apprenticeship Programs Apprenticeship programs a primary route of entry into skilled trades-have al- ways been extremely segregated, with a small number of women concentrated in a few of the several hundred apprenticeship pro- grams registered with the U. S. Department of Labor. As early as 1964 sex discrimination in apprenticeship was outlawed, and Ex- ecutive Order 11246, as amended, prohibits discrimination in programs supported by federal contractors. Prohibiting discrimi- nation has not been very effective in bring- ing women into apprenticeship programs, however, because of many remaining formal and informal barriers to their participation, such as upper age limits and lack of famil- iarity with the programs (Kane et al., 19771.6 Scattered early efforts were made to in- crease women's participation in some all- maTe programs. For example, between 1970 and 1973 the State of Wisconsin conducted a women-in-apprenticeship project. At the beginning of that period most female ap- prentices were in cosmetology; only 13 women were apprenticed in fields that were not traditionally female. By the end, 67 6 Wolf (1981) and Boos and Reskin (1984) discuss how the organization and selection standards in apprentice- ship programs have the eject of reducing women's participation in apprenticeship. women had begun apprenticeships in other fields, en c] women were apprenticed in 30 occupations in which they had not been rep- resented in 1970 (U. S. Department of La- bor, Women's Bureau, 1975; Briggs, 1981~. At the national level, in 1974 the Manpower Administration with the assistance of the Women's Bureau in the Department of La- bor initiated a pilot outreach project with three contractors to apprentice women in nontraditional occupations. At the same time the language was changed in all other out- reach contracts to include women as well as minorities and to require efforts to place them in apprenticeable nontraditional oc- cupations (U.S. Department of Labor, Women's Bureau, 197~. Given the small scale ofthese early efforts, it is not surprising that the increase in the representation of women was small through 1978 (see Table 4-21. In 1978 two federal agencies issued rul- ings mandating efforts to increase women's representation. The first, the OFCCP's Equal Employment Opportunity in Con- struction regulations (discussed above), re- quired most federal contractors to provide TABLE 4-2 Female Apprentices, 1973- 1984 Year Apprentices Total Women Percentage Female 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 283,774 291,049 266,477 254,968 262,586 290,224 323,866 320,073 315,887 286,698 253,187 232,583 1,986 2,619 3,198 4,334 5,777 8,997 13,343 15,363 18,006 17,202 16,710 10,583 .9 1.2 1.7 2.2 3.1 4.1 4.8 5.7 6.0 6.6 6.7 SOURCES: For 1973-1978: U.S. Department of La- bor, Employment and Training Administration (1979a). For 1979-1984: unpublished data from the Bureau of Apprenticeship and Training, U. S. Department of La- bor.
REDUCING SEX SEGREGATION IN THE WORSE on-thejob training opportunities for women or to participate in area training programs that included women and minorities. Fed- eral contractors also had to publicize ap- prenticeship openings to women and minority group members. One month later the Department of Labor issued regulations requiring apprenticeship programs regis- tered with the Department of Labor's Bu- reau of Apprenticeship and Training (BAT) to take affirmative action to recruit women. For nonconstruction apprenticeships, the ruling set a goal of 50 percent of the pro- portion of women in local labor markets, which was about a 20 percent goal for most parts of the country (U.S. Department of Labor, Women's Bureau, 1980a). The im- mediate goals, however, required 11.5 per- cent of apprentices to be female by April 1979 and 12.5 percent a year later (Kane and Miller, 1981). The sharp rise in the number of women in registered apprenticeship programs be- tween 1978 and 1979 shown in Table 4-2 suggests that the goal had some effect. Al- though women's share of apprenticeships in- creased only from 3.1 to 4.1 percent, 4,346 more women were apprentices in June 1979 than at the start of the year, a 48 percent increase. Proportionally, women's representation increased most in the graphic arts trades, and slightly smaller increases occurred in personal service trades and construction trades (U.S. Department of Labor, Em- ployment and Training Administration, 19821. The change in construction is espe- cially noteworthy because it presumably stems primarily from the OFCCP regula- tions. Table 4-3 shows consistent gains in the percentage female in 12 building trade programs between 1975 and 1979. In 1975 in all but one of the building trades, fewer than 1 percent of the apprentices were women. Four years later, the total number of women had increased tenfold, ant! in two trades-painters and operating engineers- women approached 10 percent of the num 107 her of apprentices. These figures mask wide variation across states (Kane and Miller, 1981), which is not surprising since most monitoring occurs at the state level. Ap- prenticeship remained virtually closed to women in some northeastern cities as re- cently as 1981 (U.S. Department of Labor, Employment and Training Administration, 19821. Even during the recent recession, the share of apprenticeships held by women continued to increase; from its 4.1 percent level in 1979 it reached 6 percent in 1982 and 6.7 percent at the close of fiscal 1984 (unpublished data from the Bureau of Ap- prenticeship and Training, U. S. Depart- ment of Labor). The available data suggest that goals and timetables have produced remarkable re- sults when they were fully implemented (Kane and Miller, 19811. In the year after the new regulations were issued, every state but one showed an increase in the number of women apprentices. A detailed study in Wisconsin (Briggs, 1981) Farther demon- strates the importance of the Department of Labor goal. Excluding barbers (which had become predominantly female in Wisconsin over the decade), women's representation among new apprentices in traditionally male fields varied between 0.7 and 2.1 percent between 1970 and 1977. In 1978, the year the regulations became effective, women were 2.6 percent of the new starts; the fol- lowing year they were 3.1 percent (Briggs, 19811. Little evaluation of enforcement of the apprenticeship goals has been carried out. As noted above, one study of construction industry programs (Westley, 1982) suggest- ed that noncompliance was the norm. Ofthe two regulatory agencies, the Bureau of Ap- prenticeship and Training (BAT) has no sanctioning power except Reregistration, which it rarely exercises, and the OFCCP has no oversight responsibility for unions, so unions have little incentive to actively recruit women for their apprenticeship pro- grams. A stipulation that limits the regula
102 \VOMEN'S WORK, MEN'S WORK TABLE 4-3 Fe~naTe Apprentices in Registered Building Trades Programs, 1975-1979 19~5 19~9 Total Female Perce~ta~,e Total Female Percentage Trade Apprentices Apprentices Female Apprentices Apprentices Female Boilermakers Bricklayers Carpenters Cement masons Electricians Glaziers Lathers Operating engineers Painters Plumbers Roofers Sheet metal workers 9,660 7,832 36,594 3,034 32,640 1,390 1,268 6,18` 6,650 18,400 4,070 11,647 10 159 10 129 .4 .4 .1 .4 .3 .1 ~0 87 ~3 4 48 .3 1.3 .1 .1 083 8,462 43,839 3,118 .~84 1 160 1.483 6,0~1 6.760 1 `,5~4 a,74o .4 11,1M 82 188 1,973 212 1,257 13 18 553 604 299 91 293 2.0 2.2 4.5 6.8 3.6 1.1 1.2 9.1 8.9 1.7 1.6 2.6 SOURCE: U.S. Department of Labor, Employment and Training Administration (1975, 1979b). tions to programs with at least five ap- prentices has permitted programs to evade the ruling by training only four apprentices at a time or calling their apprentices "help- ers." Locally administered plans in some cit- ies may be a more effective mechanism for women because they often screen and orient women whom they recommend for appren- ticeships (U. S. Deparment of Labor, Em- ployment Standards Administration, 19811. The Division of Program Analysis of the OFCCP concluded from an extensive eval- uation of women in construction that the relative success of these "hometown" plans demonstrates the necessity of some author- ity to encourage cooperation among all the institutions involved in apprenticeship tralnmg. Two studies of women in apprenticeship programs provide some guidelines regard- ing what kinds of mechanisms increase wom- en's participation and success in appren- ticeship programs. Kane et al. (1977) pointed out that while plant postings have not suc- ceeded in attracting women, company ef- forts to contact and recruit female produc- tion workers were more successful. They also stressed that age limits, although ruled by the courts to be illegal under Title VII,7 continue to keep women out of apprentice- ship programs. Wo~nen's lack of mechanical skills and vocational training in secondary school also hampered them, according to Kane and her colleagues. Female apprentices in traditionally Inane programs reported serious difficulties in get- ting trained by journeymen (Kane et al., 1977; Walshok, 1981b). A study at General Motors (Walshok, 1981b) showed that jour- ney~nen's impressions offemale apprentices affected their willingness to help the women improve their performance. As a result, GM established a successful pilot program in which supervisors and journeymen identi ~ See Kane et al. (1977) for a full discussion of this issue. Among the relevant cases are: Pettway v. Amer- ican Cast Iron Pipe Co., CA5 (1974) 7 FEP Cases 1115; Stevenson v. International Paper Co., Mobile, A1~- bama, CA5 (1975) 10 FEP Cases 1386; U.S. v. Steam- fitters Local 638, DC NY (1973) 6 FEP Cases 319; Judson and Judson's v. Apprenticeship and Training Council of the State of Oregon, Ore Ct App (1972) 4 FEP Cases 747; EEOC No. 71-1418 (March 17, 1971) 3 FEP Cases 580; EEOC No. 72-0265 (August 6, 1971) 4 FEP Cases 68.
REDUCING SEX SEGREGATION IN THE WORKPLACE fied skills and concepts that apprentices had to master, then provided testing and feed- back on their acquisition. Crucially impor- tant was the involvement of plant manage- ment and journeymen in the program's design. Preliminary evaluation indicated that the performance of apprentices improved and journeymen were reassured that incom- petent apprentices were not moving Trough the program. In sum, Department of Labor regulations requiring equal employment opportunity in apprenticeship seem to have contributed to women's small gains In customarily male ap- prenticeship programs. Most observers con- tend that more active enforcement by BAT and greater involvement by the OFCCP would yield additional progress. It seems clear that genuine affirmative efforts re- quired by the regulations are necessary to attract enough women to apprenticeships in what are currently among the most sex-seg- regated of occupations. Federal Job Training Programs Two federal job training programs had the potential to prepare women and men for sex- atypical occupations. The first, the Work In- centive Program (WIN), which was estab- lished by Title lI of the 1967 Social Security Amendments, was designed to provide job opportunities and training for persons re- ceiving Aid to Families With Dependent Children (AFDC). All adult AFDC recipi- ents under age 65 are required to register for WIN except those with children under six and women whose husbands have reg- istered. A larger program was the 1973 Com- prehensive Employment Training Act (CETA), amended in 1978, which was es- tablished to improve the employment op- tions of economically disadvantagecT Americans through job training and public service employment. Regulations issued in 1979 required all programs to help eliminate sex stereotyping in training and employ 103 ment (Berryman and Chow, 1981~. May 1980 regulations stipulated that prime sponsors8 should take affirmative steps to recruit and train women for occupations with skill short- ages that were at least 75 percent male and men for traditionally female occupations (Federal Register 1979:44~654:20026-27~. To achieve these ends, CETA regulations per- mitted various support services (health care, child care, and transportation) that would facilitate women's participation (U.S. lDe- partment of Labor, Women's Bureau, 1980c). Given its size, CETA had considerable po- tential to train workers for sex-atypical jobs. 9 But both WIN and CETA contained pro- visions that reduced the likelihood that they would prepare many women for customarily male occupations. Winds explicit priority for male family heads resulted in women's sub- stantial underrepresentation both in the program and among those who eventually found jobs (U. S. Department of Labor, Women's Bureau, 1975; Barrett, 19791. Eli- gibility standards and preferences for house- hoIcl heads and veterans in CETA programs implicitly favored men (Barrett, 1979; Ja- cobus, 19801. As a result, during the 1970s veterans comprised 7 percent of the un- employocI, but between one-third and one- half of CETA public service employment participants (lIarian, 19801. For these rea- sons and others, women were underrepre- sented in CETA programs relative to their eligibility (HarIan, 1980; Wolf, 1981; Waite 8 A prime sponsor was the unit of government that was the recipient of the federal CETA grant to provide comprehensive employment and training services. Bas- ic programming responsibility lay with prime sponsors (U.S. Department of Labor, Women's Bureau, 1980c; Guttman, 1983). 9 In 1978 CETA served over 3 million people with a S10 billion budget (U.S. Department of Labor, Em- ployment and Training Administration, unpublished data, 1979, cited in Harlan, 1980). In fiscal 1979 CETA spent $9.4 billion training over 4 million people (Zor- nitsky and McNally, 1980).
104 WOMEN'S WORK, MEN'S WORK and Berryman, 1984). The Job Corps pro- gram within CETA initially included no pro- visions for women, and even after provisions were made, women were underrepresented relative to their proportion among unem- ployed youth (Barrett, 19791. CETA expired in 1981 and was replaced by the Job Training Partnership Act, effec- tive in 1983, which included no public ser- vice employment and emphasized private sector leadership. Little evaluation of pro- grams sponsored under this act is yet avail- able. The Work Incentive Program According to art Urban Institute study (Underwood, 1979), the WIN program re- quired 1.5 million people to enter the labor force but could provide services for only one- fifth of them, jobs for less than one-tenth, and training or public service employment for only 7 percent. Statistical analyses show no evidence that WIN has contributed to reducing sex segregation among partici- pants. In fiscal 1980, 75 percent of WIN registrants and 69 percent of those who found jobs through WIN were women. The job assignments of WIN participants mirrored the sex composition of the labor force. Fewer than 7 percent of the women who partici- pated were assigned to jobs in the machine ~ . . or tne men. In contrast, 01 percent ot the traces, construction and transportation , , ' ~ ' men and 21 percent of the women found compared witn 40 percent ot men. In con trast, two-thirds of the women were placed in clerical, sales and service occupations, compared with one-fiPch of the male partic ipants (Underwood, 1980~. As recently as 1980, over 68 percent of female participants were concentrated in these three occupa tional categories, and there is no evidence of declining occupational segregation in WIN (Underwoocl, 19801. seldom administered CETA in a way that fulfilled its mandate to train workers for non- traditional jobs. Analyses of the Continuous Longitudinal Manpower Survey data on CETA participants over a three-year period show sex differences in program assign- ments, with women concentrated in the shorter-duration, lower-paying, and often part-time "adult work experience" assign- ments and in classroom training rather than public service employment ant! on-thejob training (Wolf, 1981~. These differences are relevant because most classroom training was for typically female jobs (Waite and Berry- man, 1984), although the majority of women in on-thejob training were also in predom- inantly female occupations (Berryman et al., 1981~. CETA's emphasis on quick placement precluded training women for predomi- nantly male blue-collar trades. In addition, the emphasis on training as many people as possible discouraged sponsors from using funds for the support services that the leg- islation permitted (Wolf, 1981; U.S. Com- mission on Civil Rights, 1981b). An evaluation of six Massachusetts CETA programs (Zornitsky and McNally, 1980) il- Justrates how CETA outcomes differ for the sexes. Upon leaving the programs, 60 per- cent of the women obtained work in clerical and service jobs, compared with 22 percent ~ a] . The Comprehensive Employment and Training Act Evaluations of CETA's impact on wom- en's job options suggest that prime sponsors positions as craftsmen, operators, or labor- ers. Presumably as a result, the women earned 88 percent of what the men did. The level of sex segregation within CETA decliner] slightly between 1976 and 1978 (Wolf, 1981~. Increasing proportions of adult women were employed in traditionally male CETA jobs, and decreasing proportions held traditionally female jobs. This pattern was slightly stronger for young women, though young men showed very little change. It is not clear whether these changes reflected CETA sponsors' efforts to eliminate sex stereotyping or changes in participants' pref- erences (Berryman and Chow, 19811. The
REDUCING SEX SEGREGATION IN TlIE WORKPLACE . _ . percentage of women desiring mixed or cus- tomarily male occupations increased over this period, and CETA programs only partly suc- ceeded in meeting these preferences. De- pending on the year, between 33 and 60 percent of the women who requested place- ment in mixed or male-dominated occupa- tions were not assigned to them, and only 40-56 percent of the men who requested traditionally female jobs were assignee! to a predominantly female occupation. For both sexes, the probability of receiving a re- quested nontraditional job declined be- tween 1976 and 1978 (Berryman et al., 19811. Moreover, more than half the women sur- veyed in the Continuous Longitudinal .\Ian- power Survey who had previously worked in a job that was not traditionally held by women were placed in a typically female job in CETA. Only one-quarter of the women whose prior jobs were female-typec] were assigned to a mixed or male occupation (Waite and Berryman, 19841. Unfortu- nately, no programwide evaluations are available of the effects of regulations to im- plement the 1978 amendment that required programs to try to eliminate sex stereotyp- ing. Nor do we know much about whether nontraditional training within CETA was as- sociated with sex-atypical employment in post-CETA jobs. The across-the-board evaluations of CETA obscure the success of many small programs that CETA funds helped to support (Shuchat with Guinier and Douglas, 19811. Some ex- amples are a Denver program that places] almost 900 women in 70 different trade oc- cupations over a nine-year period (Carruth- ers, 1980) and a Washington, D. C., program that trained and placed about 400 women in technical jobs in electrical, mechanical, and automotive trades between 1977 and 1980 (Gilbert, 1980~. In both programs retention rates ranged from 70 to 80 percent. The Women's Technical Institute (WTI) of Bos- ton has informed and counseled approxi- mately 10,000 women about nontraditional technical jobs and trained almost 500 for 105 technical jobs since 1976. Working closely with Boston-area technical employers, WTI placed over 90 percent of the graduates of its six-month electronics course and two- thirds of all its graduates. Providing place- ment services in nontraditional training pro- grams is of paramount importance. Navari's survey (cited in Walshok, 1981a:280-281) of over 100 women workers indicated that pro- grams such as CETA and WIN were less successfill than they could have been in part because they did not provide access to per- manent jobs. Shuchat's (1981) survey of 166 community colleges and private organizations revealed that mechanisms to identify job openings were associated with successful programs to prepare women for nontraditional blue-col- lar and technical occupations. These often emerged from developing and maintaining ties with local employers. Many ofthe programs that provided train- ing for women for jobs that were usually predominantly male were mode] programs supported by federal fiends that are no longer available. The success of some of them sug- gests that job training programs for adult women, when they provide for placement, can open male-dominatec! occupations to women. Large-scale federal programs ap- pear to have been less successful at achiev- ing this outcome. It is important to consider why most training programs were quite seg- regated, despite the regulations. Most were aclministered by the same organizations that had carried out earlier federal training pol- icies (e. g., the U. S. Employment Service, vocational schools, previous Manpower Administration programs Harlan, 1979), which had neither the experience nor the community support to create programs that would recruit workers for or place them in sex-atypical jobs. Within the local commu- nities in which CETA was administered, the same social forces and cultural beliefs ex- istecl that have impeded occupational de- segregation in educational institutions and the labor market.
106 WOMEN'S WORK MEN'S WORK The evaluations we have reviewed sup- port two conclusions regarding the e~ec- tiveness of federally funded training pro- grams. First, regulations requiring nondiscrimination and affirmative action are not likely to be sufficient to achieve deseg- regation within job training programs with- out both federal assistance in developing op- erating mechanisms and strong enforcement to ensure their implementation. Second, small programs specifically geared toward training women for jobs that men have dom- inated have been effective; their superior electiveness in realizing the federal goals of reducing occupational sex stereotyping sug- gests that in the short-run most progress in training women for sex-atypical occupations may have to come from specially structured innovative programs. A recent evaluation of implementation by the states of the lob Training Partnership Act suggests that enforcement of equal em- ployment opportunity principles may be in- effective. Eighty percent of the states lack any regulations concerning equal opportu- nity for their programs, ant! the Department of Labor has also not issued regulations, nor has it taken any action against the states. The Labor Department's EEO enforcement staff has been reduced by more than two- thirds. Consequently, machinery for the prevention of sex (and other) discrimination is lacking in the largest feclerally fended job training program (Illinois Unemployment and lob Training Research Project, 19854. Vocational Education The only education curriculum to receive federal fiends, vocational education draws al- most half of all federal money allocated to secondary education (Brenner, 19811. Since the 1970s, vocational education has been in- cluded in prohibitions against sex discrirm- ination, most specifically in the 1976 amend- ments to the Vocational Education Act, which mandate sex equity. It has been estimated that vocational education directly or incli rectly prepares up to 62 percent of the labor force for entry-level jobs and up to 75 per- cent of women for the jobs they presently hold (Kane and Frazee, 19781. Thus, voca- tional education has substantial potential to perpetuate or to reduce sex segregation in the labor force. In Chapter 3 we showed that throughout this century vocational education has been strongly segregated by sex. Moreover, the data, although they have certain weakness- es, suggest that vocational curricula are linked to people's subsequent jobs. It is like- ly that if more women were trained for oc- cupations that men currently dominate, their representation in such occupations would increase In this section we examine the im- pact of laws passed in the 1960s and 1970s that prohibit sex discrimination and man- date sex equity in public vocational educa- tion. Laws, Regulations, and Enforcement Efforts The first law that addressed discrimina- tion in vocational education, Title VI of the 1964 Civil Rights Act, prohibited discrimi- nation based on race, color, or national or- igin. In 1972, Title IX of the Education Amendments extended the prohibition to include sex discrimination. However, the authorized enforcement agency, then the Office of Education in the Department of Health, Education, and Welfare (HEW) failed to enforce either law until ordered by the court to do so following a 1973 suit (Acl- ams v. Califano). Among over things, HEW was directed to carry out compliance re- views of state vocational education programs and issue guidelines indicating how the two laws applied to vocational education (Bren- ner, 1981). Three years later Congress amended the Vocational Education Act (Public Law 94-482) explicitly to promote sex equity. The 1976 amendments required states to develop and implement policies and procedures to eliminate sex discrimination
REDUCING SEX SEGREGAT10.Y ILY THE WORSE . and stereotyping in federalIv funded voca- tional education programs and provided fed- eral fiends to promote equal access of the sexes to vocational education.~° In recog- nition of the fact that high school girls were often subtly discouraged or even overtly ex- cluded from taking shop and technical cours- es, the amendments also called for the states to promote equal access of the sexes to all vocational education programs. Each state was required to employ a full-time sex eq- uity coordinator, to allocate at least $50,000 for that position, and to assess and meet the needs of special groups such as displaced homemakers, single heads of households, and people moving into nontraditional jobs. Regulations for implementing the amend- ments were not issued until October 1977, and not until 1979 did the Office for Civil Rights of the Department of Education (newly separated from the old HEW) issue guidelines that outlined state responsibili- ties for monitoring local programs and pro- vide them with technical assistance to im- plement the law. Thus, it may be rather soon to expect substantial progress. Moreover, the historically highly segregated nature of vocational education, as well as the fact that when most vocational educators and admin- istrators established their careers sex seg- regation in vocational education was seen as natural and desirable, would retard the speed with which changes would occur. The states have varied widely in their progress in implementing the regulations. On the basis of interviews with vocational education personnel in 49 states and the Dis- trict of Columbia, Harrison (1980) charac- terized state responses as largely "passive." Only one-thirc! of the states reported that they were attempting to correct problems it Steiger et al. (1979) provide a comprehensive re- view of the legislative history and goals of the 1976 Education Amendments (Public Law 94-482) of which Title II contained the provisions for sex equity in vo- cational education. 107 they discovered in the required compliance reviews, and some had not used all the fed- eral funds that were allocated because they required state snatching funds (National Co~n~nissio~1 for Eluplovlllent Policy, 1980; Brenner, 19811. Brenner cites the example of Ohio, which spent only $2,000 of the $42,000 allocated for model projects in 1978. A study of 15 states revealed that only in- frequentlv did the states' 1980 annual plans requires! by the vocational education amendments contain specific methods for carrying out stated intentions to promote sex equity (National Advisory Council on Vo- cational Education and the National Advi- sorv Council on Wo~nen's Educational Pro- grams, 19801. For example, only four states required local agencies to recruit women anc] Ellen for sex-atypical programs in order to receive federal vocational education funds (Brenner, 1981~. A case study of the suc- cessfu} New York State program, in contrast, indicated that the office was established as soon as the amendments were passed, it was adequately staffed and funcled, and the di- rector reported directly to the State Direc- tor of Vocational Education (National Com- mission for Employment Policy, 1980~. An in-depth evaluation of the extent to which state and local school districts in five states (Idaho, Iowa, Massachusetts, Penn- sylvania, and Wisconsin) have implemented the sex equity provisions of the Vocational Education Act (YEA) (League of Women Voters Education Fund, 1982) revealed that compliance at the local level was passive at best. The districts they examined had done little to recruit students to or to ensure their retention in programs atypical to their sex or to aid them in finding jobs. They found slow but growing support for sex equity in vocational education, largely at the state lev- el through the efforts of the sex equity co- ordinators. Prior to the VEA, these states had made few if any efforts toward sex equity in public vocational education, whereas within a few years after regulations and guidelines were issued, all had taken con
108 WOMEN'S WORK, MEN'S WORK Crete steps and some had allotted over $150,000 toward sex equity. The report points out that recent federal and state budg- et cuts retard or eliminate the changes in some states, however. The permissive rather than mandatory form of some of the guidelines and the leni- ent federal compliance procedures and in- adequate enforcement mechanisms, which have had little if any impact at the local level, l make it unlikely that change will occur more rapidly or more uniformly. Ultimately, of course, change must occur within local schools. At the local level, between 20 and 38 percent of the educational agencies in one study took positive steps, including: sponsoring relevant research; educating students, employers, and community or- ganizations about inequities; encouraging student participation in sex-atypical pro- grams; providing guidance, counseling, or job placement services for students in non- traditional programs; and offering day care for the children of vocational students (Har- rison, 19801. As one teacher observed, 'mere needs to be a conscious decision and com- mitment to the ideas of sex equity from the superintendent of the school district on down." Yet most of the local administrators who were interviewed thought that the reg- ulations were unnecessary, and some also said that they would not do anything to pro- mote sex equity unless required to by fed- eral or state laws. School districts have had more time to implement the Title IX requirements for sex equity in vocational education. Of 100 local educational agencies surveyed by the Amer- ican Institutes for Research (Harrison, 1980), 81 percent reportedly had conducted or planned to conduct the self-evaluations re- garding vocational education required by Title IX. Slightly over 70 percent hac] re- viewed recruitment materials, 63 percent had examined admissions practices, and half had reviewed curriculum materials. Thus, the districts were more likely to have carried out reviews required by Title IX than those required by the Vocational Education Act. In sum, state and local efforts to imple- ment the provisions of the 1976 amend- ments as well as the provisions regarding vocational education in Title IX have been uneven. Within states that took the regu- lations seriously, however, changes have occurred. Changes in the Sex-Typing of Vocational Education It appears although causal links have not been established that when schools en- courazec] students to take sex-atypical courses, more students did so. Indeed, sig- nificant although mo:lest changes have oc- curred during the 1970s in female students' distribution across vocational programs. Two national studies (Steiger et al., 1979; Na- tional Advisory Council on Vocational Ed- ucation and the National Advisory Council on Women's Educational Programs, 1980) and the five-state study cited above (League of Women Voters Education Fund, 1982) have been carried out to assess changes in women's distribution across vocational pro- grams since the implementation of the 1976 amendments. Four points must be borne in mind in examining their results. First, the quality of some of the data, particularly those from the federal Vocational Education Data System (VEDS), is questionable (Brenner, 1981). For example, the VEDS data do not provide un- duplicated tabulations of student enroll- ments, nor do they distinguish students who took a few vocational courses from those who pursued a vocational program. Second, in both the national and the state data, gains in some states and localities are offset by the absence of change in others. Third, as we noted earlier, the regulations implementing the laws are quite recent, so it may be too soon to observe much change. Fourth, we cannot expect to see immediate conse
REDUCING SEX SEGREGATION IN THE WORKPLACE _ . quences of changes in vocational education in the labor market. The proportions of women enrolled in nontraditional vocational education programs are expected to increase faster than women's representation in re- lated occupations because of the time re- quired to complete training and find jobs (National Commission for Employment Pol- icy, 1980), and barriers in the workplace may prevent some women from pursuing non- traclitional occupations for which they trained. With these qualifications in mind, we turn to the data. In general, women continue to clominate the programs that have been overwhelm- ingly female since their inception and men those that were originally reserved for men. Although women's concentration in busi- ness and office, occupational home econom- ics, and health programs declined between 1972 and 1976, the percentages leveled off over the next two years. Table 4-4 shows trends across comparable data sets for 1972, 1976, and 1978. Of the traditionally male fields, women increased their representa 109 lion in technical fields and agriculture be- tween 1976 and 1978, but enterer! trade and industrial fields in only small numbers. Much less marked has been men's movement into occupationally linked home economics pro- grams. Federally collected data show that a higher proportion of women are enrobing in courses geared to paid employment. Between 1972 and 1978 the proportion of all female vo- cational students enrolled in non-employ- ment-related home economics programs `dropped by 12 percent (U. S. Congress, House, 1982~. Enrollment data Tom 15 states that account for 55 percent of the national enrolimer~t in high school and adult voca- tional education programs showed an overall rise in vocational education enrollments of 4.4 percent between 1972 and 1978, but a 60 percent increase in the number of women enrolled (National Advisory Council on Women's Educational Programs, 19821. Na- tionally, between 1972 and 1978 the per- centage of women students in traditionally female courses fell from 90.4 to 83.4, while TABLE 4-4 Percentage Female Enrollment in Vocational Education Programs by Program Area, 1972-1980 Program1972 1976 1978 1980a Employment-related41.1 36.6 45.7 Agriculture5.3 11.3 17.3 17 Distribution4S.2 40.8 51.5 52 Health84.6 78.7 78.0 75 Occupational home economics86.0 84.7 82.4 76 Office76.3 75.1 75.6 72 Technical9.7 11.3 17.6 20 Trades and industry11.6 12.7 15.4 18 Consumer and homemaking92.1 83.2 .80.2 71 Special programs44.7 33.8 32.5 Guidanceh 48.8 46.5 Remedial42.3 44.1 45.0 Industrial artsb 11.4 17.2 Others not elsewhere classifiedh 21.2 33.3 Total55.3 51.2 50.4 aAs of January 1985, 1978 was the latest year for which national summary data for vocational education war`? _ _ _ : available in detail. hNot provided in summary data for these categories in 1972. SOURCE: hiational Commission for Employment Policy (1981:66).
110 WOMEN'S WORK, MEN'S WORK the percentage in mixed and nontraditional classes increased from 52.8 to 56.8 percent and from 5.4 to 11.1 percent, respectively (National Advisory Council on Vocational Education and National Advisory Council on Women's Educational Programs, 1980~. The ratio of female to male enrollment in agri- culture increased by almost 14 percent be- tween 1972 and 1979 and that for technical programs grew by 7.8 percent, while the proportion of young men in home economics rose by 13 percent. Women's enrollment in nontraditional programs increased signifi- cantly faster at the postsecondary and adult education levels than in high schools. The data from 15 states point to some determinants of these changes. Women's enrollment in nontraditional programs grew fastest in states in which detailed plans in- volving specific goals and timetables were formulated. The closer the states scrutinized schools, the more action they took to achieve sex equity (National Advisory Council on Vocational Education and National Advisory Council on Women's Educational Programs, 1980~. Also, female role models in courses with a male or a "mixed" image and male role models in courses with a female image may encourage both sexes to consider broader career options (Rieder, 1977) One elective project in North Carolina (A. Smith, 1976) trained teachers in summer institutes and made consultants available who helped teachers implement innovative plans. The results were dramatic: 1,000 women en- rolled in agricultural courses in the state and 700 in trade and industrial courses, and 1,300 men enrolled in home economics courses. The Vocational Education Equity Study (described in National Advisory Council on Vocational Education and the National Ad- visory Council on Women's Educational Programs, 1980) used case studies to identify promising approaches for achieving sex eq- uity in vocational education. Effective strat- egies include establishing liaisons with employers; thoroughly orienting partici- pants as to what to expect in the program and the job market; obtaining full support from the host organization, especially in community college settings, to maximize the program's visibility and legitimacy; provid- ing support services to participants, espe- cially women who have children, using existing services when possible; carefully planning and evaluating; and recruiting a competent staff who are dedicated to sex equity, know the local labor market, and can serve as role models for participants. Students in Sex-Atypical Programs The experience of students in sex-atypical programs is not always without difficulties and the outcomes of participating in such programs are somewhat unclear. We know more about the experiences and outcomes of women in traditionally male programs than we do about those of men in traditionally female programs. Women in both secondary and postsec- ondary sex-atypical programs felt that male students had trouble adjusting to female classmates, and believed that their teachers expected more ofthem than of male students (Kane et al., 1976; Kane and Frazee, 1978~. They also felt that males were better pre- pared, having had more technical subjects in high school. More than half the women in sex-atypical postsecondary programs felt that their own high school education had not prepared them for such training, although those who had taken several math and sci- ence courses felt better prepared. (In con- .trast, only 25 percent of women in sex-typical programs felt unprepared; Kane et al., 1976. ) The proportion of women who expressed problems depended on the number of women in a class. In classes with six or more women, 56 percent experienced problems, compared with 78 percent of women in classes with fewer than four women. It ap- pears that the experiences of women being trained in predominantly male areas are sim- ilar to those of women who take jobs in which they are in the minority. . . .
REDUCING SEX SEGREGATION IN THE WORKPLACE . . _ Unfortunately, we do not know very much about the labor market outcomes of women who enrolled in customarily male vocational courses. Two early studies (Wilms, 1974; Lewis and Kaltreider, 1976) reported that only one-fi6ch to one-third of the women en- rolled in nontraditional courses found jobs closely related to their training. However, these ratios are still higher than the prob- abilities of working ire male-dominated oc- cupations among the general population of working women. Data for 1972 through 1976 show that both female and male students in sex-typical vocational curricula were more likely to plan to enter the occupation for which they were training or to seek more vocational brining than were students in sex- atypical programs (Harrison et al., 1979~. Women enrolled in traditionally male pro- grams were less likely than men to select a traditionally male occupation as their first choice (from a list of occupations provided them). With respect to wages, Grasso and Shea (1979) found that women in sex-typical jobs, particularly those in clerical programs, outearnecI those in sex-atypical jobs at the point when earnings were measured. En- rolIment in a vocational track that prepared students for typically mate blue-collar jobs did not yield higher wages for the women studied, who were in a high school in the late 1960s. The negative wage effect of sex- atypical vocational education could mean these women faced more slowly accelerating (but ultimately steeper) wage curves. Alter- natively, they might have experienced wage discrimination in heavily male occupations. We do not know whether the wage effect of taking male-oriented courses improved for female high school graduates in the 1970s, when more women were doing so. Despite these mixed findings, there are good reasons to expect that sex-atypical pro- grams do benefit women and contribute to reducing sex segregation in the workplace. We know that over a lifetime, male-domi- nated occupations pay better than female ones, and consequently women who enter male-dominated occupations stand to gain relative to those who do not. Although the immediate employment impact of vocational education may be small as measured to date, there are other important reasons to reduce sex segregation in vocational education. First, sex-segregated public school curricula- particularly courses designed to prepare stu- dents for employment reinforce cultural assumptions of the propriety of women and men doing different work. Sex-integrated classes implicity challenge these assump- tions and thus prepare young men and women for working side by side on the same jobs. Second, integrating vocational courses can raise the awareness of sex stereotyping of school counselors, vocational educators, parents, and employers and provide a mode! for sex equity. Third, sex-atypical vocational eclucation may enhance women's access to male-dominated jobs by teaching them nec- essary mechanical skills and exposing them to occupations of which they are often un- aware, as well as by putting them into pools from which employers often recruit for blue- colIar jobs (Roos and Reskin, 19841. Most important, for access to highly paid skilled craft jobs, Mung vocational education courses contributes to the successful completion of apprenticeships (Mertens and Gardner, 19811. We expect that the importance, par- ticularly for women, of participating in sex- atypical education will become increasingly clear as programs improve and sufficient numbers of women have participated to demonstrate measurable effects. Conclusion Sex segregation across the major voca- tional program areas has declined signifi- cantly, almost certainly at least partly as a result of the implementation of the Voca- tional Education Act and Title IX of the 1972 Education Amendments. We can draw sev- eral conclusions about the effectiveness of federal legislation in providing a more sex- equitable environment in the schools. First,
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
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
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
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
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
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
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
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
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
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),
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.