ABSTRACT

This chapter reviews the major federal legislation designed to eliminate gender-based employment discrimination. It also reviews several of the leading causes of the wage gap, including occupational segregation, time spent on work, education and experience, and discrimination. The passage of the 1964 Civil Rights ended for the moment the debate over which path the government would pursue, but it is not clear that the legal equality path has been most advantageous for women or that gender-neutral laws will eliminate the most intractable barriers to economic equality. With the exception of affirmative action, the history of gender antidiscrimination employment law in the United States is one that has been based on the legal equality doctrine. Affirmative action continues to be an important tool for women and minorities in pursuit of equality. The Pregnancy Discrimination Act is consistent with the legal equality approach, even though only women can get pregnant.