Women in the Workforce: Laws We Love (And Need More Of!)

Mar 1

It’s March, and that means we get 31 days to celebrate Women, which is a good thing, as the work to achieve gender equity worldwide in the workplace is far from complete. As speaker and strategist, Lily Zheng, outlines in their phenomenal book, DEI Deconstructed, “according to the World Economic Forum, [gender equity and gender parity] was nearly 100 years away from becoming a reality after 2020 and 135.6 years away from becoming a reality after 2021, when the impacts of the COVID-19 pandemic were taken into account.”

The limitations are real, but so is the progress. In Honor of Women’s History Month, we’re highlighting some of the most important pieces of legislation that have led to gains in the workforce for womenkind - while also calling for them to go much (much) further.

The Law: Fair Labor Standards Act of 1938

The FLSA has supported women to earn (closer to) a living wage. It ensured that there was a minimum wage ($.25 at the time it was passed), a pay scale that, sadly, has always and continues to impact more women than men. This law has served as a model for many state-specific laws which require even higher minimum wages, like California ($15.50), Massachusetts ($15) and New York ($14.20, with a $15 rate in Long Island, Westchester and NYC.)

Going Further: Federal minimum wage is currently $7.25 an hour and has not risen since 2009. This is not a living wage for the vast majority of people in the United States, and there are a number or exceptions to the minimum wage requirement, including for people under 20, workers with disabilities and full-time students. A significant bump in this number, and a review of the exceptions, is long overdue.

The Law: Title VII of the Civil Rights Act of 1964

Never mind that the addition of sex (women) to this bill was added by detractors who hoped it would stop the law from being passed, Title VII may be the biggest boon for women when it comes to workplace law. The act makes it illegal for an employer with 15 or more employees to discriminate on the basis of sex (not to mention religion, race, and national origin.) This law also outlaws sexual harassment and provides protection to those impacted.

Going Further: It was legal to refuse to hire women less than 60 years ago, and we’ve a long way to go to promote equity in the workplace. Only 5% of CEOs are women, for example, and only 19.2% of corporate leadership is female, according to Altrata’s Global Gender Diversity Report of 2022. To increase authentic parity in the workplace, systemic challenges must be addressed (keep reading!)

The Law: The Pregnancy Discrimination Act of 1978

Why yes - it was as recent as the late ‘70s that a woman could be discriminated against for being pregnant. This one stops us in our tracks, and yet…

Going Further: We all know someone (or have been someone) who feels like they may have been passed over for that promotion or refused that job due to an impending arrival. Last year, the percentage of women in the workforce fell to its lowest since 1987 - with just 56% of women actively participating in the workplace. While this isn’t due to pregnancy, per say, it’s certainly closely linked to the lack of supports that parents receive.

The Law: The Family & Medical Leave Act of 1993

This is one of our favorite laws ever - prior to 1993 if a person had or adopted a child, they could legally be fired for taking time off to care for it. Under the FMLA, companies with 50 employees or more are required to allow up to 12 weeks of (unpaid) leave to new parents without fear of termination.

Going Further: Where do we start? Providing mandatory paid leave for all people would be a good one. Ensuring that there are no exemptions to this rule would be another. Supporting families with childcare credits, flexible work hours, mental and physical health benefits…the list is pretty endless to where we can continue to push for true parity for all humankind.

Concerned about your company policies?

Agile is here to support your handbook and policy review. We have experience with the laws across the country and the subtleties therein and can ensure that your company is 100% protected…and doing right by its people.

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