CORRECT ANSWERS
Laws protecting women in the workforce - ANSWER-*Civil Rights Act of 1964, Title
VII:
businesses cannot discriminate in hiring, firing and promoting based on race,
ethnicity, gender, religion, national origin
*Tittle IX of the 1972 Higher Education Amend to Civil Rights act of 1964: prohibits
gender discrimination in schools, universities, any programs/education activity that
receives federal funding
***Issue: do CR laws cover sex orientation and gender identity? Not in federal law,
some states protect under state law (NC explicitly blocks protection)
-STATE: Obama expanded protection thru regulation: transgender use bathroom
matching their ID or could lose funding (interpreted it as covering gender ID)---
TRUMP rescinded
-FEDERAL: Gloucester Country School Board v. GC (2016): sent back to 4th circuit
which had ruled using the Obama admin rule (VA based: school board not allowed
student to use men's bathroom, now better)
OTHER LAWS:
*Equal Pay Act of 1963 (but loopholes: must pay equal amount except (seniority
system, merit, quantity/quality, differential based)
*Lily Ledbetter Fair Pay Act 2009: override as SC decision: employee only had 180
days after act of discrimination to file lawsuit (changed only to 2 years)
Gender Pay Gap - ANSWER-Women's median annual earnings/median weekly:
used to be increasing, now flat
*closer gap within minority groups
*older they get, the greater the disparity
*degree doesn't matter (higher the degree, the greater the gap)
Cause of Pay Gap: Occupation Segregation - ANSWER-*many jobs dominated by
women don't pay as well (secretaries, retail, teachers)
*female dominated jobs pay less than male-dominated jobs that require similar skill
levels (truck drivers make more, have health aides)
*SOME roles reversed, but W still not making up a lot of jobs male dominated
Cause of Pay Gap: Glass Ceilings and Discrimination - ANSWER-*glass ceilings: W
have higher rates of education but larger gaps at highest level professions
*Pay secrecy allows discrepancies to continue (Ex: discretionary promotion policies
with male dominated leadership can lead to discrimination)
(Ex: won't take W because could be pregnant)
,Discretionary pay = more disparity
Unionized/contracted= more equal pay
Causes of Pay Gap: Family Responsibilities - ANSWER--women are more likely to
leave work force or look for jobs that allow flexibility for family
*societal expectation: women have more responsibility for children and household
maintenance
*more housework, harder with younger kids
Paid Leave Across the World - ANSWER-US is 1 of 4 countries with no mandates
paid leave
-most funded thru social insurance
-vary in amount of time and percentage wages occur
-some mandate specific time for fathers
Family Leave - ANSWER-*US childcare/family leave policy lags other countries
-Pregnancy non discrimination Act of 1978: women cannot be fired or denied
promotion because of their pregnancy (must include as disability)
*Peggy Young v. United Parcel Service (2015): doctor ordered her not to lift more
than 20 pounds, job required 70 (forced to take unpaid leave)...led to:
-Family and Medical leave act, 1993 requires 3 months of unpaid leave (not for small
businesses)
***IN US: the better job you have, the more likely you'll have access to paid family
leave (look for benefits package, not just salary)
-Societal expectations for who should take leave
Religion Cases - ANSWER-1) reciting a state prayer (in school vs. in congress): kids
are impressionable, more inherent motion vs. adults can make own choices, choose
to promote or not
*same language/Judeo religion only promoted vs. cycle thru different chaplains
Ex: southern schools (using resources - PA- to say football prayer (but people
choose to start up and say it)
2) crush set up, x mass trees, snowman
-sate house has crash on lawn
BUT not active promotion (with secular things); no recitation
-can't actively promote religion, but different (promotion vs. accommodation)
Civil Rights: Religion and Judicial Branch - ANSWER-Judicial Branch: last to worry
about, least dangerous
"no active resolution...neither force nor will but merely judgement" (Fed Paper no 78)
Marbury v. Madison (1803): establishes court's power of Judicial Review, allows to
rule whether federal laws passed by Congress violate the Constitution
, *(statuary interpretation: decide what laws mean, whether regulations passed by fed
agencies comply with meaning of law)
Supreme Courts- Appellate Courts (circuit)- District Courts (SC take less cases)
*Obama: got rid of Filibuster at District and Appellate Courts (too many Republicans
doing so)
*law passed on precedent
Religion and Politics - ANSWER-*broad consensus on contraception coverage,
public more divided over wedding services for same-sex couples, bathrooms for
transgenders (decisions based on heartfelt religious objections?)
Dems: religious groups should stay out, Rep: be able to stand up for their beliefs
(slim maj: neutral, big min: protecting religious values, more influence)
*Constitution makes it so that we're conflicted
*Rise of atheists/unaffiliated; less Christians in US
Religion and the Constitution - ANSWER-1st Amend: "congress shall make no law
respecting an establishment of religion or prohibiting the free exercise thereof"
*Grey area: what should be the role?
Prohibiting free exercise? but by refusing service, infringing on your rights by
establishing a belief they're not compliant with
Religious Freedom and the Contraception Mandate - ANSWER-*Obama health law
requires coverage of contraception including birth control, sterilization, emergency
contraception.
Issue at GU: before, teachers could pick their HC plans: but now offered only one
plan which doesn't provide contraception because Catholic
*non sensical for Grad students because more likely to have babies
Who should be exempt? Religious Institutions, non profits associate with religion (but
main mission isn't religious?) Private business owners with religious connections?
EXCEPTION RULES: Obama developed rules with exceptions for non profits
(Catholic hospitals, universities): can tell HHS have religious objection, insurer
required to provide free contraception coverage directly to employee
Hobby Lobby v. Burwell: for profit with personal religious objection
*Court ruled for HL and they and corporations like them qualify for exemption
*churches exempt, but religiously affiliated orgs aren't
Religious Freedom Restoration Act (RFRA) - ANSWER-passed by congress in 1990
to strengthen free exercise clause by prohibiting government from imposing a
substantial burden on person's exercise of religion (unless can prove that doing do is
least restrictive means of furthering government interest)