Feminist Jurisprudence and Work Discrimination - Essay Example

Name: University/ College: Lecturer: Course: Date: Studies have shown that majority of the culprits of workplace gender discrimination are women. The underlying principle of the feminist legal school of thought is to establish the root cause of this problem in an attempt to empower the status of women workers in a male dominated corporate world. Though the various feminist jurisprudence models have registered remarkable progress in the empowerment cause, there are some limitations to their approach to the same. A discursive analysis of three feminist legal schools of thought –liberal feminism, black feminism and sex-difference model shows how their approach in handling this problem, their progress and the subsequent limitations to their cause. Feminist legal theory and workplace discrimination In an attempt to tackle the issue of women discrimination at work, it is prudent to note from the onset, the root cause of this discrimination by comprehending the causal dynamics that breed discriminative attitudes, notions and behaviour. Studying the fundamental cause of discriminative behaviour beats assessing the surface level indicators of the same. Like in all other forms of discrimination, traditional gender stereotyping triggers workplace sex discrimination. Gender stereotyping takes the form of pre-existing notions that masculinity is the superior gender. It also results from men’s insecurities concerning the unknown productivity of women, which cause them to be intimidated (Moult, 2009). The liberal equality model The liberal feminist school was endorsed by inter alia Rebecca Walker, Stuart Mill, Betty Friedan and Mary Wollstonecraft. This school asserts equality of both genders. They insist on equality of opportunities for both men and women reiterating that women share the same capabilities as men. In the US, proponents of the liberal school relentlessly lobby for the ratification of the Equality Rights Amendment especially so to curb the issue of workplace sex discrimination. Wollstonecraft insists that both men and women share the same credibility only that men get undue advantage to realise their full potential. She held that in the contemporary occupational setting, women experience sex discrimination through the covert acts of their male counterparts. They are denied mentorship, left out in informal workplace interactions and more demeaning, treated as sexual objects. John Stuart Mills, in defence of liberal feminism, noted that men are actually not superior to women. He held that this traditional perception is attributable to the fact that most men are intimidated by women’s potential, which in turn leads to fears that women might turn out to be more productive than men do. Mills affirmed that, given equal opportunities, female workers show more dedication to work as they do to their domestic duties. Gender mainstreaming This concept was coined during the 1985 Third World Conference on Women held in Nairobi, Kenya where it was described as “the public policy concept of assessing the different implications for women and men of any planned policy action, including legislation and programs, in all areas and levels” (Finley, 1989) Gender mainstreaming primarily aimed at alleviating economic, social and political disparities that women face. The liberal school elevated this concept with the definitive goal of attaining gender equality. Liberal feminist theorists championed for reforms in the political, social and cultural realms as a means to realising women empowerment in the third world. The UN Economic and Social Council concurred as much and sought to make both genders’ concerns an integral element in the legislative policies, planned action and programs of member states. Limitations of liberal feminism Though their concerns are properly motivated, the liberal feminist school lays too much emphasis on gender equality. Owing to the pre-existing structural disparities, gender equality in not feasible. The initiatives of this school are based on unrealistic goals such as a rigorous allocation of resources to achieve structural balance. They ought to have championed for equity as opposed to equality. Radical feminist Mary Daly Before her demise in January 2010, Mary Daly sought to empower women workers amid a male dominated corporate world. She championed for an absolute reconfiguration of the current patriarchal society in her effort to boost the welfare of female employees in upstate New York during her days as a lecture in the prestigious New York University. Daly urged women in the occupational setting to assert their positions without fear of their male colleagues. She held that patriarchy thrives in women’s fear of action. Daly criticised liberal feminism for merely threatening to take action while doing nothing. Her philosophy was elaborated in a famous quote; “a tiger does not declare its ‘tigrihood’, it pounces.” She cautioned women that they could not earn respect from male colleagues; they can only command it. Daly championed for women action to curb male dominance (Hoagland & Frye, 2000). The sexual-difference feminist legal theory Unlike the preceding school of thought, the sexual difference model recognises the fact that men and women are not equal. This school faults liberal feminism for basing their theory on false premise that women and men are equal instead of recognising that there are indeed real and tangible differences in the capabilities of both genders. The principle concern of this model is for the law to appreciate gender differences and subsequently provide for them. They push for law reforms to eliminate the provisional obscurity of the legislation on workplace gender discrimination. Once the law unequivocally accounts for gender equity, it allows women to seek legal redress whenever they feel sexually offended by the men workers (MacKinnon, 1983). Case study: Thompson v Courier Newspapers In this case, an Administrative Decisions Tribunal fined the Sydney based newspaper publisher for occupational sex discrimination. The tribunal found the publisher guilty of prejudicing against Christine Thompson on account of her assertiveness, which in turn intimidated her direct supervisor. The tribunal deemed inappropriate and unethical the fact that men workers watched naked women in the office computer mainframe with no due regard to Thompson’s feelings. Courier Newspapers was compelled to compensate her as follows; a sum of $ 4,875 for preferential treatment of her male counterparts at her expense and another $ 650 for inappropriate training. The tribunal imposed a further $ 1300 since the male workers watched women pornography at the workplace (Moult, 2009). Still on gender discrimination, sex-difference school champions for fair treatment of both male and female employees – job equity. Proponents of the theory reiterate that their primary concern is equity and not equality. They hold that the idea of equality in the workplace can only have negative connotations as opposed to striving for equity. The notion of sex discrimination is so entrenched in women’s mind that sometimes they tend to think they are being treated unfairly. Echoing the same, psychologist Julian Baker affirmed that gender discrimination is at times a mental phenomenon. Due to the traditional trend in the occupational context, women perceive their male colleagues as patriarchal while this may not be the case. Limitations The black feminist hardliners have criticised the leniency of the sex difference model on male domination. They hold that this attitude is responsible for the continued marginalisation of women over the years and as such is intolerable. Similarly, the liberal feminists refute the claims that both genders are inherently different. They dismiss this outlook as incorrect if not misguided. Black feminism This feminist school asserts that sex and racial discrimination as well as class oppression are intertwined. Proponents of this feminist school include the Combahee River Collective, Patricia Hill-Collins and Marilyn Frye among others. They are all dedicated to eradicate women oppression that they feel emanates from a network of systematically related obstacles, which inhibit women empowerment (Rhode, 1990). Frye uses the analogy of a bird in a cage to illustrate how oppression occurs within a framework of systematically related obstacles. She explains the individual components of the cage – wires, nuts etc are of least hindrance to its escape. The bird is held captive by the interrelation of the components of entire structure. Much in the same way, there is a set of inevitable societal factors that significantly hinder the course of women empowerment. Such factors include inter alia women apprehension of inferiority and double bind – oppressed women have, at their disposal, few redemption courses all of which cost them ridicule and censure (Frye 1983). Black feminists are particularly disturbed by the issue of workplace gender that mostly affects women employees. They hold that in the occupational setting, gender stereotyping, class oppression and discrimination based on sexual orientation are increasingly making women workers vulnerable. Due to gender stereotyping for instance, job evaluators are biased against women and as such, they overlook their productivity and potential. Similarly, while conducting interviews for job selections, interviewers are more likely to recommend men over women regardless of whether they share the same credentials. Since its formation in1974, the Combahee initiative strives to eliminate those structural injustices that are biased against the female worker. In their black feminist statement, they refer to the structural injustices against women workers as ‘interlocking systems of oppression.’ Women psychologists who are proponents of this school explain that discriminatory work settings cause women to be less productive and more detached from their obligations. This in turn leads to poor performance by the affected women and consequently, the organisation at large. They urge male colleagues to treat women workers with due esteem to avoid such situations (The Combahee River Collective, 1982). Limitations Black feminism focuses more on class oppression and racial discrimination and less on workplace sex discrimination. In their course of black women liberation, they overlook the need to liberate other women workers from different races who share the same predicament as they do (Bartlett, 1990). Conclusion The issue of workplace discrimination is prevalent in the contemporary occupational setting. Feminist jurisprudence arose to address the concern while seeking redress for the culprits as discussed earlier along with the limitations facing each approach. Bibliography Bartlett, Katherine T. (1990) ‘Feminist Legal Methods’ Harvard Law Review, Vol. 103 pp. 829- 888 Finley, Lucinda M. (1989) ‘Breaking Women’s Silence in Law: The Dilemma of the Gendered Nature of Legal Reasoning’ Notre Dame Law Review, Vol. 64 pp. 886- 910. Frye, M. Oppression: The Politics of Reality New York: The Crossing Press Online at http://www.terry.uga.edu/-dawnba/4500opression.html (1983) Retrieved on 21st April 2010 MacKinnon, Catherine (1983) ‘Feminism, Marxism, Method and the State: Toward Feminist Jurisprudence’, Signs, Vol. 8 pp. 635- 658 Moult, Julie (2009) Women's careers more tied to weight than men Washington: Herald Sun. Online at; http://www.heraldsun.com.au/news/national/gender-divide-in-career-belly/story-e6frf7l6-1225697154065 Rhode, Deborah L. (1990) ‘Feminist Critical Theories’. Stanford Law Review, Vol. 42 pp. 617-638 The Combahee River Collective A Black Feminist Statement Online at; http://www.lilithgallery.com/feminist/modern/Black-Feminist-Statement.html (1982) Retrieved on 21st April 2010 Hoagland, Sarah Lucia & Frye, Marilyn (2000) Feminist interpretations of Mary Daly Penn State Press Read More