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Gender norming is the practice of adjusting physical tests for men and women to in a way that ensures that they have roughly equal pass-rates for each gender. [1] [2] In Bauer v. Lynch, the United States Court of Appeals for the Fourth Circuit has found that gender norming is permissible under Title VII of the Civil Rights Act of 1964, which covers employment discrimination. [3] [1]
The US Army adopted gender norming at West Point, calling it a system of "equivalent training". [4] The objective is to ensure that positions are filled with a balance of both genders, and requires that women be given less physically challenging tests than men in order to attain the same fitness rating. [5] [6]
In Bauer v. Lynch (Decided: January 11, 2016), the United States Court of Appeals for the Fourth Circuit has found that gender norming is permissible under Title VII of the Civil Rights Act of 1964, which covers employment discrimination. [3] [1]
David Brinkley, deputy chief of staff for operations at the United States Army's Training and Doctrine Command, told the AP “the men don’t want to lower the standards because they see that as a perceived risk to their team”, and “the women don’t want to lower the standards because they want the men to know they’re just as able as they are to do the same task.” [7] Other opponents include Walter E. Williams, who wrote that "officers who insist that females be held accountable to the same high standards as males are seen by higher brass as obstructionist and risk their careers", [8] and Elaine Donnelly, the founder of the Center for Military Readiness.
In the movie, G.I. Jane , the female SEAL candidate Jordan O'Neil receives an extra 30 seconds in an obstacle course and told, "It's called gender norming, O'Neil. Standard procedure for all females in physical training."
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is intrinsically superior to another. Extreme sexism may foster misogyny, sexual harassment, rape, and other forms of sexual violence. Discrimination in this context is defined as discrimination toward people based on their gender identity or their gender or sex differences. A notable example of this is workplace inequality.
Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688.
Sex segregation, sex separation, gender segregation or gender separation is the physical, legal, or cultural separation of people according to their biological sex. Sex segregation can refer simply to the physical and spatial separation by sex without any connotation of illegal discrimination. In other circumstances, sex segregation can be controversial. Depending on the circumstances, it can be a violation of capabilities and human rights and can create economic inefficiencies; on the other hand, some supporters argue that it is central to certain religious laws and social and cultural histories and traditions.
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
A dress code is a set of rules, often written, with regard to what clothing groups of people must wear. Dress codes are created out of social perceptions and norms, and vary based on purpose, circumstances, and occasions. Different societies and cultures are likely to have different dress codes, Western dress codes being a prominent example.
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex, religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
Disparate impact in United States labor law refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral. Although the protected classes vary by statute, most federal civil rights laws consider race, color, religion, national origin, and sex to be protected characteristics, and some laws include disability status and other traits as well.
In employment law, a bona fide occupational qualification (BFOQ) (US) or bona fide occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in violation of civil rights employment law. Such qualifications must be listed in the employment offering.
Occupational segregation is the distribution of workers across and within occupations, based upon demographic characteristics, most often gender. Other types of occupational segregation include racial and ethnicity segregation, and sexual orientation segregation. These demographic characteristics often intersect. While a job refers to an actual position in a firm or industry, an occupation represents a group of similar jobs that require similar skill requirements and duties. Many occupations are segregated within themselves because of the differing jobs, but this is difficult to detect in terms of occupational data. Occupational segregation compares different groups and their occupations within the context of the entire labor force. The value or prestige of the jobs are typically not factored into the measurements.
Sex differences in education are a type of sex discrimination in the education system affecting both men and women during and after their educational experiences. Men are more likely to be literate on a global average, although higher literacy scores for women are prevalent in many countries. Men and women find themselves having gender differences when attaining their educational goals. Although men and women can have the same level of education, it is more difficult for women to have higher management jobs, and future employment and financial worries can intensify. Men tended to receive more education than women in the past, but the gender gap in education has reversed in recent decades in most Western countries and many non-Western countries.
Women currently make up 19.2% of the ADF workforce. Women have served in Australian armed forces since 1899. Until World War II women were restricted to the Australian Army Nursing Service. This role expanded in 1941–42 when the Royal Australian Navy (RAN), Australian Army and Royal Australian Air Force established female branches in which women took on a range of support roles. While these organisations were disbanded at the end of the war, they were reestablished in 1950 as part of the military's permanent structure. Women were integrated into the services during the late 1970s and early 1980s, but were not allowed to apply for combat roles. In January 2013, serving women were allowed to apply for all positions in the Australian Defence Force (ADF) except special forces which became open to women in January 2014. In January 2016, civilian women became able to direct entry to all positions.
Discrimination against non-binary people, or people who do not identify exclusively as male or female, may occur in social, legal, or medical contexts. Both cisgender and transgender people can display such prejudice, as well as members of the lesbian, gay, and bisexual communities.
Jespersen v. Harrah's Operating Co., 444 F.3d 1104 was a United States federal employment law sex discrimination case.
Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
Altitude Express, Inc. v. Zarda, 590 U.S. ___ (2020), is a landmark United States Supreme Court civil rights case which ruled that under Title VII of the Civil Rights Act of 1964 employees could not be discriminated against on the basis of sexual orientation or gender identity.
Bostock v. Clayton County, 590 U.S. ___ (2020), is a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.
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