184184 Chapter 5 | Civil Rights
Many men’s sports, such as baseball, tennis, wrestling, and gymnastics, were cut at
universities that had to bring the number of male and female student athletes into rough
parity. Critics argued that such cuts were unfair, especially given that the interest in
women’s sports was not as high. Defenders of the law argue that the gap in interest in
women’s and men’s sports will not change until there is equal opportunity. There is
some evidence to support that claim, as interest is increasing in professional women’s
soccer with the NWSL (National Women’s Soccer League) and professional women’s
basketball with the WNBA (Women’s National Basketball Association), as well as in
well-established women’s professional sports such as golf and tennis.
Another significant legislative effort during this period was the failed Equal Rights
Amendment. The amendment was approved by Congress in 1972 and sent to the states
for ratification. Its wording was simple: “Equality of rights under the law shall not be
denied or abridged by the United States or any state on account of sex.” Many states
passed it within months, but the process lost momentum and after seven years (the
deadline set by Congress for ratification by the states) the amendment fell 3 states short
of the 38 states required for adoption. The amendment received a three-year extension
from Congress, but it still did not get the additional three states.
In 1994, Congress passed the Violence against Women Act, which allowed women
who were the victims of physical abuse and violence to sue in federal court and provided
funding for investigating and prosecuting violent crimes against women, for helping
the victims of such crimes, and for prevention programs. In 2000, part of the law was
overturned by the Supreme Court, which ruled that Congress had exceeded its powers
under the commerce clause.^94 Nonetheless, the funding provisions of the act were
reauthorized and expanded by Congress in 2000, 2005, and 2013.
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 educational program
or activity receiving Federal
financial assistance.
—Full text of Title IX
FIGURE
5.6
Discrimination
Cases Filed
with the Equal
Employment
Opportunity
Commission,
2017
Discrimination based on race and
color, and discrimination based on
sex, are the two types most frequently
reported, but there is a significant
amount of discrimination based on age
and disability as well. What types of
discrimination do you think would be
most likely to go unreported?
Note: Percentages do not sum to 100
because complaints may be filed in more
than one category.
5
Race and
color
Sex Age National
origin
Religion Equal Pay
Act
10
15
20
25
40%
30
35
Disability
Percentage of total charges filed
Source: “Charge Statistics, FY 1997 through FY 2017,” U.S. Equal Employment Opportunity Commission,
http://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm (accessed 4/13/18).
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