Timeline of women's legal rights in the United States (other than voting)

Timeline of women's legal rights in the United States (other than voting) represents formal legal changes and reforms regarding women's rights in the United States. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage in the United States. The timeline also excludes ideological changes and events within feminism and antifeminism: for that, see Timeline of feminism in the United States.


Before the 19th century

1718

19th century

1821
1835
1839
1840
1841
1842
1843
1844
1845
1846
1848
1849

1850–1874

1850
1852
1854
1855
1856
1857
1859
1860
1861
1865
1867
1868
1869
1871
1872
1873

In places like Washington D.C., where the federal government had direct jurisdiction, the act also made it a misdemeanor, punishable by fine and imprisonment, to sell, give away, or have in possession any "obscene" publication.[9] Half of the states passed similar anti-obscenity statutes that also banned possession and sale of obscene materials, including contraceptives.[10]

The law was named after its chief proponent, Anthony Comstock. Due to his own personal enforcement of the law during its early days, Comstock received a commission from the postmaster general to serve as a special agent for the U.S. Postal Services.[9]

1874

1875–1899

1875
1877
1878
1879
1880
1881
1887
1889
1894
1895
1896

20th century

1900–1939

1907
1908
1922
1931
1936

1940–1969

1948
1961
1963

The law provides (in part) that:

No employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex [ . . . . ] [22] For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. In 1972, Congress enacted the Educational Amendment of 1972, which amended the FLSA to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA.
1964

In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To prove the bona fide occupational qualifications defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business", and there is no less-restrictive or reasonable alternative (United Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991) 111 S.Ct. 1196). The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on protected traits (Dothard v. Rawlinson, 433 U.S. 321 (1977) 97 S.Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification (Equal Employment Opportunity Commission v. Kamehameha School — Bishop Estate, 990 F.2d 458 (9th Cir. 1993)). There are partial and whole exceptions to Title VII for four types of employers:

1965

Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination clause of the Fifth Amendment. Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court's ruling. Justice Arthur Goldberg and Justice John Marshall Harlan II wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment. Justice Byron White also wrote a concurrence based on the due process clause.

1966
1967
1968

1970–1999

1970
1971
1972
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
1973
1974

Failure to comply with the Equal Credit Opportunity Act's Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions. Liability for punitive damages can be as much as $10,000 in individual actions and the lesser of $500,000 or 1% of the creditor's net worth in class actions.[44]

1975
1976
1977
1978

The Act covers discrimination "on the basis of pregnancy, childbirth, or related medical conditions." It only applies to employers with 15 or more employees.[52][53] Employers are exempt from providing medical coverage for elective abortions - except in the case that the mother's life is threatened - but are required to provide disability and sick leave for women who are recovering from an abortion.[54]

1979

(a) Every person who performs or induces an abortion shall prior thereto have made a determination based on his experience, judgment or professional competence that the fetus is not viable, and if the determination is that the fetus is viable or if there is sufficient reason to believe that the fetus may be viable, shall exercise that degree of professional skill, care and diligence to preserve the life and health of the fetus which such person would be required to exercise in order to preserve the life and health of any fetus intended to be born and not aborted and the abortion technique employed shall be that which would provide the best opportunity for the fetus to be aborted alive so long as a different technique would not be necessary in order to preserve the life or health of the mother.

Doctors who failed to adhere to the provisions of this section were liable to civil and criminal prosecution "as would pertain to him had the fetus been a child who was intended to be born and not aborted." Franklin and others sued, arguing that the provision was both vague and overbroad. In a 6-3 decision written by Roe author Harry Blackmun, the Supreme Court agreed, finding that requiring a determination "if... the fetus is viable or if there is sufficient reason to believe the fetus may be viable" was insufficient and impermissibly vague guidance for physicians who might face criminal liability if a jury disagrees with their judgment.

The law was challenged as violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by a woman, who argued that the law discriminated on the basis of sex because so few women were veterans.[57]

1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993

Alexandria Women's Health Clinic reported that the protesters violated 42 U.S.C. 1985(3), which prohibits protests to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws."[78]

1994
1995
1996
1997
1998
1999

21st century

2000
2001
2002
2003
2005
2006

Darlene Jespersen was a 20-year employee at Harrah's Casino in Reno, Nevada. In 2000, Harrah's advanced a "Personal Best" policy, which created strict standards for employee appearance and grooming, which included a requirement that women wear substantial amounts of makeup. Jespersen was fired for non-compliance with its policy. Jespersen argued the makeup requirement was contrary to her self-image, and that the requirement violated Title VII of the Civil Rights Act of 1964.[98][99]

In 2001, Jespersen filed a lawsuit in United States District Court for the District of Nevada, which found against her claim. The district court opined that the policy imposed "equal burdens" on both sexes and that the policy did not discriminate based on immutable characteristics of her sex. The 9th Circuit Court of Appeals affirmed the decision, but on rehearing en banc, reversed part of its decision. The full panel concluded, in contrast to the previous rulings, that such grooming requirements could be challenged as sex stereotyping in some cases, even in view of the decision in Price Waterhouse v. Hopkins. However, the panel found that Jespersen had not provided evidence that the policy had been motivated by stereotyping, and affirmed the district court's finding for Harrah's.[100][101][102]

2007
2009

The bill also:

2010
2011

The Court agreed to hear argument on whether Federal Rule of Civil Procedure, Rule 23(b)(2), which provides for class-actions if the defendant's actions make injunctive relief appropriate, can be used to file a class action that demands monetary damages. The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation.[127]

The Supreme Court ruled unanimously that the class should not be certified in its current form but was only 5-4 on the reason for that and whether the class could continue in a different form.

2012
2013
2014

For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote.[135] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.[136]

2015
2016

See also

References

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  40. Technically, the case was decided under the Fifth Amendment's Due Process Clause, not under the Equal Protection Clause of the Fourteenth Amendment, since the latter applies not to the federal government but to the states. However, because Bolling v. Sharpe, through the doctrine of reverse incorporation, made the standards of the Equal Protection Clause applicable to the federal government, it was for practical purposes an addition not to due process, but rather to equal protection jurisprudence.
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  134. See:
  135. See:
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