Equity from a Legal Perspective. Research and Development Series No. 214K.

The history of the development of equity--justice and fairness--can be traced through law and court cases. Early United States Supreme Court opinions (1873) on issues of newly asserted claims by women provide evidence of preconceptions concerning women and their stereotyped positions. Occupational exclusion was reinforced by law to maintain a caste system. An even more fundamental right denied to women was the right to vote. Again, in 1948, male judges relegated women to "appropriate" and "feminine" occupations. In 1908, enacted legislation to shield women from excessively long hours of labor in stressful work situations was upheld. Appeals for equity were muted by supporters of the Equal Rights Amendment, since women voters were promoted as having more sensitivity and integrity. Protective legislation based upon traditional stereotypes about women continued to be upheld into the seventies. Progress toward equity include the passage of Title VII of the Civil Rights Act, the accomplishments made since its passage from the perspective of cases won by women, and the relationship of equity to the newer affirmative action mandates. (YLB)