Glass Ceiling Essay Research Paper Despite all

Glass Ceiling Essay, Research Paper

Despite all of the political forces on the side of women who attempt to break through the glass ceiling, limited progress has been made. Numerous studies lament the virtual absence of women in the elite tier of corporate positions: chief executive officer, chairman, president, and executive vice president. Unfair employment practices strengthen the glass ceiling and hinder the advancement of women in the workplace. These practices include sexual harassment, sexual discrimination, and pregnancy discrimination. Although activists have succeeded in getting stronger laws passed, such as the Civil Rights Act of 1991, true progress eliminating the glass ceiling must be based on private sector initiatives.

The Civil Rights Act of 1991 gives women considerable more clout in their defense against discrimination than did the Civil Rights Act of 1964. The Civil Rights Act of 1964 prohibited discrimination against women who successfully filed suit against their employers for unfair practices. The Act also states that these women can only receive back pay and reinstatement in their old jobs. However, the 1991 Civil Rights Act, incorporated previous laws while also easing the burden on employees suing to prove job discrimination. Within the new law, a successful litigant can collect monetary damages, as well as, request a jury trial, sue in conjunction with others who have received similar unfair treatment in the workplace, and request the courts to judge the case based on the reasonable woman standard as opposed to the reasonable man. The 1991 Act also places the burden of proof on the employer, rather than the employee. Indeed, the Civil Rights Act of 1991 and other recent court decisions have given women new clout in the workplace (Morris 61).

An example of this clout is the intense publicity surrounding the Anita Hill v. Clarence Thomas hearing. Hill, a black law professor at the University of Oklahoma, electrified the nation when she charged that Clarence Thomas, then a Supreme Court nominee, had sexually harassed her when she worked for him in the early 1980s. Hill testified before the all-male Senate Judiciary Committee about her discomfort when Thomas insisted on describing pornographic movies and made sexual advances.

An all-white and all-male Senate sought to discredit Hill, some of who accused her of lying or being delusional, but her testimony elicited nationwide support. The Senate confirmed Thomas actions were inappropriate, but Hill s testimony was almost entirely disregarded. The hearing angered women, especially those who had suffered similar experiences of sexual harassment in the workplace, and it also empowered many others to come forward with similar allegations. The furor that ensued was just the fuel need to pass the Civil Rights Act of 1991 (Stith 187).

In recent litigation, women have begun testing the extent of their employment rights beyond the rights guaranteed to them in the Civil Rights Acts. An example of this is a group of eight women employees of the Stroh Brewery Company in Detroit. These women charged that their employer had created a working environment that was hostile to women.

As part of their allegation, they pointed to sexually offensive commercials that Stroh s aired featuring the Swedish bikini team, scantily clad young women with large breasts. The Stroh plaintiffs contended that the ads were proof that the company sanctions sexism. The company has defended its ads as simple entertainment protected by the First Amendment s guarantee of free speech (Vilanch 7). The plaintiffs in the Stroh case won their lawsuit and created a landmark decision for challenges of this type, particularly due to the fact the courts must now decide based on the reasonable woman.

Although the presence of strong laws is powerful ammunition to fight to eliminate discrimination in the workplace, litigation is not the most effective solution to the problem. Women who experience workplace discrimination are often reluctant to file official complaints for a variety of reasons including; feelings of inadequacy, fear of reprisal, and fear of being labeled troublemakers. Some women also fear retaliation from their employers as well.

In regard to the latter, other women simply do not have the money to carry out a lawsuit that may take years to settle or reach court. In sexual harassment lawsuits, the prospect of going to trial is enough to scare off many women, particularly once they realize how vulnerable their credibility is in legal matters concerning sexual activity. Many labor experts believe women are held back from jobs because of subtle sexual harassment. Only the concerted efforts of enlightened companies, not litigation, can eradicate this form of injustice (Morrison 15).

One enlightened company, Du Pont, has made efforts to help women managers overcome the glass ceiling. Du Pont has established a staff position to focus on advancing the careers of promising women and minorities. If a division is looking for the manager of affirmative action and upward mobility then Du Pont is the example to follow (Gallagher 88). Such a staff position is needed to provide support, counseling, and advocacy for women who find their career advancement has stalled due to subtle discrimination.

Despite the efforts of some companies, gender diversity is still sorely lacking in