Running head: Eamining Gender Inequality in the workplace 1

Examining Gender Inequality in the Workplace

Peighton A. Corley

First Colonial High School

Eamining Gender Inequality in the workplace 2
Eamining Gender Inequality in the workplace 3

Abstract

This paper explores gender inequality in the workplace and its effects on the economy. Cultural

influences as well as the law that contributes the climate of gender inequality that is experienced

internationally. The main focuses are how family friendly policies and an effort to pay women

and men equally equalize each genders value, creating a platform for a community and economy

to thrive.

Keywords: gender, equality, equal pay, pregnancy, discrimination, workplace, economy,

culture.
Eamining Gender Inequality in the workplace 4

Examining Gender Inequality in the Workplace

Women have been denied equal rights to men for centuries, and even with the substantial

progress made in the past decades, there are still rights that women are being denied. In 2015,

female full-time workers made only 80 cents for every dollar earned by men, a gender wage gap

of 20 percent. (IWPR, 2016). Also, women are given insufficient rights when it comes to

maternity benefits. Even though being pregnant is similar to being disabled in many ways, there

is a lack of support from companies in the issue of maternity rights. However, pregnancy is an

essential part of a growing of every society, and even economy. This inequality causes not only

violations to their civil rights, but a loss of value to the economy which is an issue that Japan is

struggling with currently. Many parents in Japan find it hard to balance family and work

commitments which results in a low fertility rate of below 1.3 children per women. (Babies and

Bosses, 2009). And even though the American government has been taking steps to grant

women equal civil liberties in the workplace, there is still a glass ceiling that women must break

through. (Gelb, 2003). Understanding the perceived reasons for the gender inequality in the

workplace will help people overcome the discrimination that many women face in the

workplace. (Khoreva, 2011). It is essential that women have equal rights in the workplace in

order to have a healthy society and economy. (Effects of Gender Inequality in the Workplace,

2015). Tackling the issue of inequality towards women in the workplace would mean assessing

the pay gap and guaranteeing maternity rights so that women can fearlessly contribute to the

workplace and ameliorate the condition of society.

Defining the Issue

There are various excuses to explain why there is still a lack of action to overcome the

deep gender pay gap that the world still faces. The most concerning issues are as follows:
Eamining Gender Inequality in the workplace 5

women cannot balance having a professional life with a home life (Harvard Inside Summer,

2016); they will put their children above their work, men are predisposed to care more about

their careers than women do, women will have to take more leave than men. (Grossman, 2016).

However, despite these differences, women and men should not be denied rights based on their

genders. Not giving equal pay to women is denying their value to the economy, which supports

the country. Denying anyone pay based on their gender is discrimination, and the pregnancy

status of a woman is included in the definition of discrimination of sex. (Title VII, 1991). So, by

overcoming the issue of choosing between a career and a family, the workplace would be

equalized for men and women.

Cultural Influences

Japans attitude towards women in the workplace greatly contrasts Americas. It is a

widely held belief that women in Japan cannot balance both a home and a workplace

responsibilities. When a women has a child, it is expected of them to retire so that she can focus

on her home responsibilities. This has pushed women to remain un-married while they focus on

their careers, rather than starting a family which causes problems in the population distribution in

Japan. The women that are waiting to have their children and then not having enough to replace

both her and the husband, and some women are not having any children at all. This is causing

the population to severely decline, which then affects the economy because there are not enough

working people to support the production of the country with the burden of an older generation

that is no longer working. (Babies and Bosses, 2009).

Pre-WWII American and Japanese womens role in society was greatly influenced by

religion. America was influenced by Christianity, while Japans central religion was

Confucianism. (Kincaid, 2016). The ideals of each of the religion played a part in how the
Eamining Gender Inequality in the workplace 6

woman was supposed to conduct herself. Both created the image of the ideal woman being

absent from the public eye while being submissive to the man of the house. However, during

WWII, it was a necessity for women to support the workplace so, womens roles in each culture

began to shift. (Partners in Winning the War, 2007). In Japan, women were regarded as property

until 1947 until during WWII the Japanese constitution was amended so that women could have

basic rights like owning property and divorcing freely. (Kincaid, 2016). This is when women

first started to gain very basic rights and were recognized and people rather than property but,

there was still many privileges that they were denied.

Japan has made significantly less progress comparative to America which is made evident

because only nine percent of women are in managerial positions, which is 39 percent less than

the international average, and only two percent more than the amount of women in managerial

positons in 1980. (Gelb, 2003). The primary problem according to Nevin Thompson and many

other economists is that:

The countrys shrinking, rapidly aging population poses a major threat to the future of the

Japanese economy. In order to avoid a potential meltdown, the government is attempting

to encourage more women to join the workforce through its Creating a Society in which

All Women Shine initiative. But while the government says it wants to help women

break the glass ceiling, its focus seems to be solely on what women can do for Japan

not what Japan can do for women. (Thompson, 2016).

Many Japanese women have been forced out of the workplace because of the demands of work

and home and the cultural pressure to choose one instead of having a balance between the two.

However, it is essential to find this balance, especially for Japan as they are currently seeing a

burden on their economy because of their inability to do so. (Thompson, 2016). Japan is hastily
Eamining Gender Inequality in the workplace 7

trying to make amends to their policies towards women in order to erect this issue. (Babies and

Bosses, 2009). The goals of these policies that will be discussed in more depth later in this paper,

are to increase the amount of women in managerial positions so that woman can secure more full

time jobs and stimulate the economy. (Thompson, 2016). A problem that Japan is facing with

implementing these progressive policies is the ingrained cultural attitudes that the Japanese

An example of the attitude towards Japanese women in the work place is when

Shinomura Ayaka was harassed while giving a speech on the need of gender equality and

maternity support legislation and implantation. While she was giving this speech, she was

harassed by male members of the Assembly. They made remarks demeaning her for not being

married and having children. These assembly members were later forced to publicly apologize

to Shinomura but, this reflects how the legislation to equalize women is failing and the public

view of women is still not open to women having substantial professional careers. (Assmann,

2014).

Relevant Laws

Legislation regarding laws protecting women in the work place are relatively new, dating

to only about the 1960s and 1970s. The most prominent of the laws is Title VII, which

prohibits employment discrimination based on race, color, religion, sex and national origin.

(Title VII, 1967). This was an important stride for equality in the workplace for women because

it was the first government provision (along with the Equal Pay Act) that gave women the

grounds to seek retribution for discriminatory acts, and set guidelines for business when there

was nothing like that before. (Gelb, 2003).

The Equal Pay Act of 1963 prohibits sex-based wage discrimination between men and

women in the same establishment who perform jobs that require substantially equal skill, effort
Eamining Gender Inequality in the workplace 8

and responsibility under similar working conditions. (The Equal Pay Act of 1963, 1963). This

is a very important stride for gender equality because, it is making it illegal for business to

discriminate against an employee on the grounds of the employee being a woman. Like giving

women the right to vote in the 19th Amendment of the US Constitution, this was a huge stride in

civil equality by making it law to allow

The Ledbetter Fair Pay Act of 2009 was case law that amended Article VII and

overturned the Supreme Court Case of Ledbetter v. Goodyear. This Act overturns the restricted

amount of time that a person can file complaints concerning their compensation. (Equal Pay Act

of 1963, n.d.). During the Ledbetter v. Goodyear Tire and Rubber Co., it was decided whether or

not Ledbetter, a female employee, was denied pay raises because of her gender. Ledbetter sued

under Title VII of the Civil Rights Act of 1964, which is an act that protects women from

unequal pay due to their gender. Ledbetter claims that on her evaluations that determined

whether or not she was going to get the raise, she was not evaluated fairly due to her gender,

which led her to receive less pay than she deserved. However, Goodyear continued to claim that

the evaluations were completed honestly, rather than discriminatively. Initially, the jury granted

Ledbetter retribution for Goodyears discriminatory acts but, when Goodyear appealed this

decision, the appeals court ruled in favor of Goodyear. The reasoning was that there was

insufficient evidence to prove that Goodyear had been paying Ledbetter unequally on the basis of

gender. Also, Ledbetter could not gather enough evidence to prove that Goodyear adopted its

performance based system so that they could discriminate against women. (Ledbetter v.

Goodyear Tire & Rubber Co., 2007). But, as stated before, the Ledbetter Fair Pay Act of 2009

overturned this ruling, therefore granting an employee who feels that they were discriminated
Eamining Gender Inequality in the workplace 9

against more time to file a complaint so that if there is an obstruction of justice on this basis, it

can be addressed properly.

This law has also set precedents for gender inequality outside of the workplace. For

example, in the Education Amendments of 1972 in Title IX, gender discrimination in the

education system became illegal. This opened opportunities for women, and as a result, there was

an increase in professional careers for women. (Gelb, 2003).

However, there are not very many laws that protect pregnant women from discrimination

in the workplace. This is a difficult issue because being pregnant is unique to women, but being

pregnant means that an employee will need accommodations and will have to take a substantial

amount of time in maternity leave. However, it is essential to the economy of a society for the

birth rate to stay constant so that the age-distribution of a population is not disproportionate,

causing a struggle for the working generation to support the retired generation. So, it is

important to create a climate that supports pregnant women. 62% of women with a birth a birth

in the previous 12 months are in the labor force. (Maize, 2015). Pregnant women have a huge

part in supporting the economy. It is important to support those pregnant women in the

workplace for the stability and prosperity of an economy. Pregnant women were not under the

protection of Title VII until after the Supreme Court decision of Young v. United States Parcel

Service. (Young v. United States Parcel Service, 2015). In this case, Youngs supervisor would

not approve Young for alternate work to accommodate her pregnancy, as requested by her doctor.

Even though accommodations are made for those who are disabled, Young was not allowed a

different work regiment because unlike a disabled person, her condition was voluntarily

undertaken and a desired condition. (Maize, 2015). Young was forced to take unpaid leave and

her medical benefits were terminated after this. (Young v. United States Postal Service, 2015).
Eamining Gender Inequality in the workplace 10

Young sued because she was being discriminated against because she was a pregnant woman.

The Supreme Court overturned a decision, affirming Youngs claims on the basis that pregnancy

was a part of the Title VIIs description of gender. This amended Title VII and ensured more

protection for women against discrimination in the work place. So, discrimination against an

employee because they are pregnant is now considered illegal and discrimination against women.

The Pregnancy Discrimination Act of 1978 is an act that defines discrimination against a

pregnant woman as an act of gender discrimination under Title VII. (EEOC, n.d.). Because this

covers women under Title VII this means that an employer cannot refuse to hire or terminate a

woman because she is pregnant. An employer must also grant a woman the right to change the

work duty she is doing when presented a note from the doctor. An employer must treat a

pregnancy like they would a person with a disability or a medical condition and they are not

allowed to prohibit the employee from returning to work after her leave. They must hold their

job for the woman just as they would with a disabled employee. (EEOC, n.d.). Also, employers

are not allowed to take away benefits because of a womans pregnancy, they must keep the same

coverage that they had. The employers are not required to provide the employees taking leave

any paid leave.(EEOC, n.d.) This proves to be problematic because it is difficult for women to

take essential time off when they have just had their child because many people need the income.

The Pregnancy Discrimination Act also prohibits hostility or harassment because a woman is

pregnant. Essentially this act defines any pregnancy discrimination as a form of gender

discrimination and it puts emphasis that pregnant women should be treated like temporarily

disabled employees. (EEOC, n.d.). However, even though this law is in place, there is still

discrimination against pregnant woman that goes unnoticed, forcing many pregnant women to

leave the workforce. These cases will be discussed in a later section of the paper. Additional
Eamining Gender Inequality in the workplace 11

rights of pregnant woman can be found in the Family and Medical Leave Act, especially laws

protecting the leave of new parents.

The government agencies that make sure that the laws above are being followed are the

Office of Federal Contract Compliance Programs and the Equal Employment Opportunity

Commission. The OFCCP oversees contractor compliance with the executive orders and sees

that there is no discrimination in future government contracting. It does what the EEOC does,

but on a much smaller scale. (Gelb, 2003). The EEOC is responsible for enforcing laws that ban

discrimination against an employee because of the persons race, color, religion, sex

(including pregnancy, gender identity, and sexual orientation, nation origin, age (40 or older),

disability or genetic information. (EEOC, n.d.). But, for the purposes of this paper, only the

EEOCs role in gender equality law enforcement will be examined. The EEOC looks at claims

regardless of the state or local laws and will assess claims made that regard any aspect of

employment which includes hiring, firing, pay, job assignments, promotions, lay off, training,

fringe benefits, and any other term or condition of employment. (Sex-Based Discrimination,

n.d.). Also, a person can make a claim to the EEOC if a company policy that applies to everyone

negatively affects a specific sex unnecessarily. The EEOC will bring cases on behalf of the

victims of gender discrimination, and sees about 70,000 to 80,000 cases each year. The EEOC

finds that about 60% of those cases brought to them have enough evidence to prosecute. Due to

the EEOCs enforcement of these regulations, there has been an increase in female representation

in higher level managerial positions. (Gelb, 2003).

The Organization for Economic Cooperation and Development is a group of 34

democracies with market economies to promote economic growth, prosperity, and sustainable

development. (USOECD, n.d.). This group internationally compares post-industrial nations

Eamining Gender Inequality in the workplace 12

economic data to gain better insight and encourage economic growth by gathering and displaying

data. The data presented showed that Japan and America are some of the highest pay gaps

between men and women. Japans pay gap is over half more than the OECDs average pay gap

calculation. America is significantly less than that but, is still above the average of international

pay gaps. (Babies and Bosses, 2009). There is a strong correlation between a declining fertility

rate and a high pay gap. While the US and Japan have a similar amount of women in the

workplace, Japan has a much lower fertility rate. Even though there are many working women in

Japan, the fertility rate is approaching one child per female, which is far below the OECDs

international average, and one of the lowest in those statistics. Japans fertility rate is well below

the replacement rate which is problematic for this country.

Japan is making legislation to secure an end to gender discrimination. Japans equivalent

to the 14th Amendment. This law states that Japan will not discriminate against people based on

their race. This law requires the cooperation on every level of Japanese society, including its

citizens, local government, and prefecture (state) government. This law is realizing the

disadvantages of not recognizing women as equals, saying that it presented great set-backs in the

20th century. Japan proposes that by condemning gender discrimination as a government, it will

lower poverty and help grow the economy. This law also recognizes that this law

implementation will cause hardships for some women, which is why the government plans to

include women in the process. By equalizing womens status to men, Japan believes that they

will be able to be a more productive country. (The Basic Law for a Gender-equal System, 1999).

Japans equivalent to Americas EEOC and Title VII is the Equal Employment

Opportunity Law. The EEOL was passed in 1985 and it prohibits discrimination against women
Eamining Gender Inequality in the workplace 13

in vocational training, fringe benefits, retirement and dismissal. It also urges employers to

endeavor to treat women equally with men with regard to recruitment, job assignment and

promotion. (Assmann, 2014). This is very similar to Americas Title VII policy however, the

EEOL does not have the means to be enforced like the EEOC in America. The EEOL relies on

voluntary compliance considering there has been little evidence of consequence for not abiding

by this law. For example, in 2010, Rina Bovrisse, lost her job as a retail manager of Prada Japan

because she accused the company of harassment and discrimination based on age and physical

appearance. The company demanded that she lose weight in order to better represent the fashion

company. The company had been known to transfer employees who were too fat or ugly to

geographically remote branches. She sued and the court case went to the Tokyo District Court,

which ended in the loss of not only her job, but her compensation equivalent to around $500,000.

Even though the EEOL was in place, it failed to prevent workplace discrimination. (Assmann,

2014).

Balancing Work and Family

It is important for the government to understand the necessity of balancing family life

with work life for it is important for a growing community that women are not only confined to

one sphere. As seen in Japan, as women are having children later in their lives to accommodate

their career, they are experiencing a declining birth-rate. And with the sharply declining birth

rate, Japan is experiencing a population crisis, where the new generations will be unable to

support the older generations that do not work. (Gelb, 2003). America has yet to face a problem

in this way however, as a post-industrial society with a flat lining population (Babies and Bosses,

2009), it is very possible that without the proper support and legislation, America could face a

very similar issue.

Eamining Gender Inequality in the workplace 14

There are thousands of cases in the United States each year that deal with pregnancy

discrimination in the workplace even though women are protected under the Pregnancy

Discrimination Act of 1978. (Rochman, 2012). Many women still face punishment for taking

maternity leave, even though pregnancy is a form of gender discrimination under Title VII

(EEOC, n.d.). For example, in 2008 high ranking employee Kerry Colicchio of Merck, a drug

company, claimed that she was denied a promotion because she was about to depart for a six

month maternity leave. She claimed that her boss often discouraged her from coming back to her

job before taking her leave. Subsequently Colicchio was fired in 2007 and replaced by a woman

who Colicchio said was less qualified but, did not take leave for either of the two children she

had. (Covert, 2016). However, the jury did not believe there was enough reasonable cause to

determine that this situation was without a doubt discrimination based on Colicchios pregnancy.

There are a variety of other cases like this, where women are punished for their pregnancy and

the time that they take off for maternity leave. Many times pregnancy discrimination cannot be

tried in court because of the subtlety of it like not allowing changes in work duty, or the

appropriate amount of bathroom breaks that would allow the women to continue to work safely.

(Covert, 2016). There is a need for stronger, more specific and clearer laws so that pregnant

women can continue to participate in the workforce without facing discrimination forcing them

out.

One way to help women balance their work life and family life is to create legislation to

support pregnant women in the workforce. The Family and Medical Leave Act of 1993 was

created to ensure that families who needed to take parental leave would not be punished for

doing so. The FMLA allows a person who is disabled to take 12 weeks of unpenalized leave.

However, the person does not have to be paid for their leave but, it can be combined with paid
Eamining Gender Inequality in the workplace 15

leave such vacation or sick leave. This means that the employee who takes the leave may come

back to the job position they were in with equal benefits and pay. However, if the person is a

key employee, which means they rank within the top 10% of the companies salary, the company

does not have to ensure their job security when they come back. However, they have to be

notified that they are a key employee and that they are not going to receive the same benefits and

pay upon returning for leave. Business under five employees, and business that do not have to

abide by this act. (Family and Medical Leave Act, 1993).

In Japan, a large issue that is putting many women out of work is the lack of child care.

There are tens of thousands of children each year who are rejected from child care, forcing the

mothers to stay at home instead of going into the workforce, even though Japan is in desperate

need of women in the workforce. It was estimated by BBC that there were around 72,000

children on the waiting list to enter a daycare, and most families visit 20 to 30 daycares before

they can find one that will take their child. (John, 2016). This is adding to the issue of women

not being able to enter the work force to help the Japanese economy that is in dire need of their

presence. Also, on top of that, it discourages Japanese couples to have children when the

population of Japan is severely declining, which is a large part of the economic turmoil the

Japanese people are facing. But, there is an issue getting more people to become daycare

providers in Japan because of how low paying it is. (Reynolds, 2015).

Women are many times penalized for having children. America has only recently

become a country that mandates paid medical leave but, the amount of time given to mothers and

children post-partum is very limited, and mothers are often penalized for having to take this time

off for their family. Pregnancy discrimination charges have jumped by 35% in the past decade.
Eamining Gender Inequality in the workplace 16

1 in 5 discrimination charges leveled by women is associated with pregnancy. (Rochman,

2012).

Conclusion

Women have gained significant rights with the help of legislation pushing for progress.

As a result, around the world there is are significantly more women holding managerial and

administrative roles comparative to the previous generation. Womens representation increased

from 19 percent in 1970, to an overwhelming 46 percent of women in management and

professional careers. (Gelb, 2003). This shows that legislation such as Title VII and the

adoption of basic gender equality laws in countries around the world have been working, and

women have been gaining equality. However, there is still more progress to be made. Even with

Title VII helping American women gain equal pay and benefits, the United States appears to

be falling behind democratic nations. (Gelb, 2003). The glass ceiling prevents many women

from going into high-paying white collar work. Many women are forced to take part time jobs

that do not offer benefits, or lower paying jobs with more flexible hours because of the lack of

support the government offers when having a family. But, there are new policies being created

that are being implemented in both America and Japan so, there is progression being made even

if it is not hasty. (Thompson, 2016). With the help of family friendly policies, all cultures can

overcome the pay inequality and other gender discrimination in the workplace.
 Eamining Gender Inequality in the workplace 17

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