When our “Founding Fathers” drafted the wording for the United States Constitution, they first established a republic based on a democratic form of government. Then they created the first ten amendments — the ones we refer to as the Bill of Rights — to protect us from that government.
Under the Constitution, women were not allowed to vote and issues of equality involving women were not addressed. Since that time, numerous federal, state, and local laws have been passed addressing equality issues involving gender. At the federal level we have Title VII of the Civil Rights Act of 1964, The Equal Pay Act of 1963, and The Americans with Disabilities Act of 1990.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate with regard to any aspect of employment. The Americans with Disabilities Act and the Age Discrimination in Employment Act both mirror the Civil Rights Act in that they, too, make it illegal to discriminate in any aspect of employment.
Gender discrimination is specifically addressed under Title VII and includes sexual harassment as well as discrimination based on a woman’s pregnancy. Title VII’s broad prohibitions against gender discrimination also covers conditions, which create what is referred to as a hostile work environment for either men or women. NOTE: the standard for “hostile environment” also applies to harassment on the bases of race, color, national origin, religion, age, and disability.
Title VII was further amended in 1978 by the passage of the Pregnancy Discrimination Act. The effect of this legislation was to force employers to treat a pregnant employee as any other employee with a temporary disability for purposes of determining sick leave and other disability benefits.
The Equal Pay Act of 1963
The Equal Pay Act of 1963 addresses gender-based wage discrimination by protecting men and women who perform substantially equal work in the same establishment from being paid lesser salaries than that of the opposite gender. The Equal Pay Act prohibits discrimination on the basis of gender not only for wages but also for benefits.
The Age Discrimination in Employment Act of 1967 (ADEA)
The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from being discriminated against because of their age.
The Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act of 1990 (ADA) gives civil rights to individuals with disabilities that are like those provided to individuals on the basis of race, gender, national origin and religion. The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against individuals with disabilities in the same manner as the Civil Rights Act prohibits discrimination based on race, color, religion, gender, or national origin.
…And, yet, inequities still exist.
The Equal Rights Amendment is thus:
“Equal rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
This proposed amendment to our Constitution was passed by a 2/3 majority in both branches of Congress in 1972 and sent to the states for ratification. Thirty-five states have ratified this amendment. Florida is not one of them.
According to recent polls, most Americans think that ERA has been ratified and that equal rights for women is already included in our Constitution. In Florida, all 67 County Commissions have expressed support through their County Commissioners’ Association. In the legislature, the measure has been co-sponsored by both Republicans and Democrats on a bi-partisan basis. Unfortunately, Republican leadership did not support this measure.
Three more states are needed for the Equal Rights Amendment to become law. NOTE: Florida’s Constitutional Amendment that included the “female and male alike” wording was overturned in 2001 with Courts advising that, if equality is sought between the sexes, they must pursue adoption of ERA at the Federal level. As a consequence, pregnant pigs have more rights under Florida’s Constitution than women.
As the only son growing up in a single parent household with my mother and five sisters, I feel very strongly about guaranteeing the rights of women. I support Equal Rights and will actively seek passage of legislation in the Florida legislature to approve the Equal Rights Amendment by co-sponsoring this measure.
© Zimmermann2006 – February 13, 2006
