International Encyclopedia of Public Policy and Administration - Vol. 2

By Jay M. Shafritz | Go to book overview
benefits and differential pension benefit deductions continued until 1978; and differential pension payouts continued until 1983.The Supreme Court in Dothard v. Rawlinson, 433 U.S. 321 ( 1977) established that the bona fide occupational qualification (BFOQ) exception must be narrowly construed with regard to female employment opportunities. The 1980s saw the Court advance gender discrimination to a level more commensurate with its decisions regarding race. With respect to affirmative action plans to remedy gender discrepancies, the Supreme Court in Johnson v. Transportation Agency, 480 U.S. 616 ( 1980) upheld appointment of a female supervisor through an agency's voluntary affirmative action plan to remedy underrepresentation or nonpromotion of women.
Civil Rights Act of 1991
The Civil Rights Act of 1991 established a "Glass Ceiling" Commission to study how business fills management and executive positions, how women and minorities gain qualifications for management or executive jobs, and how pay and reward structures affect women and minorities (see glass ceiling). COLE BLEASE GRAHAM, JR.

Guy, M. E., 1993. "Three Steps Forward, Two Steps Backward: The Status of Women's Integration into Public Management". Public Administration Review (July-August) 285-292.

Kelly, R. M., and J. Bayes, eds. 1988. Comparable Worth Pay Equity, and Public Policy. Westport, CT: Greenwood Press.

Rhode, D., 1989. Justice and Gender. Cambridge, MA: Harvard University Press.

DISCRIMINATION, PREGNANCY. Practices by which employers arbitrarily treat or avoid obligations to pregnant employees. Unequal treatment of an employee on the basis of pregnancy, childbirth, or associated medical conditions is unlawful sex discrimination.
Origin and Subsequent History
Unlawful sex discrimination in the form of arbitrary treatment of pregnant employees or disregard of an employer's obligations to an employee who becomes pregnant was first defined in Equal Employment Opportunity Commission ( EEOC) guidelines in 1972. Before 1972, the EEOC's position was that disability insurance programs excluding pregnancy were not gender discrimination. The 1972 guidelines held that a plan excluding pregnancy from a comprehensive disability benefits program was discriminatory.In Cleveland Board of Education v. Lafleur, 414 U.S. 632 ( 1974), the United States Supreme Court found that arbitrarily required maternity leave for an employed female worker violated the Fourteenth Amendment to the United States Constitution. Unpaid maternity leave required for pregnant teachers five months before expected childbirth was unconstitutional. Although the case looked to the U.S. Constitution in this instance, the case did not address treatment that may be based on statutes.Subsequently, the Supreme Court did not agree with the EEOC's 1972 guidelines. In General Electric v. Gilbert, 429 U.S. 125 ( 1976), the Court ruled that Title VII was not violated if an employer excluded pregnancy-related disabilities from its comprehensive disability plan. Despite difficulty in explaining how denial of pregnancy benefits does not relate to gender, the Court did not find an intent to discriminate through denial of pregnancy benefits and it did not apply an adverse impact standard. Also, the fact that women annually collect more in benefits program payments than men seemed important in the decision.As a result, women were largely denied disability benefits due to pregnancy until 1978 when, in response to Gilbert, the U.S. Congress passed an amendment to Title VII of the Civil Rights Act of 1964, called the Pregnancy Discrimination Act of 1978 (PDA-78).
Current Practice in the United States
The pregnancy discrimination amendment to the Civil Rights Act has some specific features which establish that:
1. Title VII is directly, prima facie, violated if an employer has a written employment policy or unwritten employment practice through which applicants are excluded or employees separated from a job because of pregnancy, childbirth, or related medical conditions;
2. A disability which results from or is contributed to by pregnancy, childbirth, or related medical conditions must be treated the same for all job purposes as any other disability caused or contributed to by any medical condition with regard to insurance for health or disability and with regard to any sick leave plan. A pregnancy-related disability has to be treated the same as other disabilities. This applies to written employment policies or unwritten employment practices involving such decisions as: (1) when leave begins and ends; (2) whether extensions to leave are available; (3) how seniority and other benefits or privileges accrue during disabilities; or (4) formal or informal payment or reinstatement under any health insurance, disability insurance, or sick leave plan. Although abortion benefits may be granted by an employer, the PDA-78 does not require an employer to pay for health insurance benefits for an abortion. However, in health benefits programs for which employers pay, abortion benefits may not be denied for a mother who would be endangered by a full-term pregnancy or for an individual for whom medical complications have resulted from an abortion; and


Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Cite this page

Cited page

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)


1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25,

Cited page

Bookmark this page
International Encyclopedia of Public Policy and Administration - Vol. 2
Table of contents

Table of contents



Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 1240

matching results for page

Cited passage

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25,

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.