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Sexual Harassment Policy in the U.S., the Equal Employment Opportunity Commission, and Women's Economic Citizenship, 1975-1991

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Sexual Harassment Policy in the U.S., the Equal Employment Opportunity Commission, and Women's Economic Citizenship, 1975-1991 NOT "PART OF THE JOB": SEXUAL HARASSMENT POLICY IN THE U.S., THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND WOMEN'S ECONOMIC CITIZENSHIP, 1975-1991 Sheila Jones A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2008 Committee: Liette Gidlow, Advisor Neal G. Jesse Graduate Faculty Representative Leigh Ann Wheeler Donald Nieman ii ABSTRACT Liette Gidlow, Advisor This project examines the history of federal sexual harassment policy in the United States between 1975 and 1991. It considers the origins of sexual harassment policy in the mid-1970s and its addition to the Equal Employment Opportunity Commission’s (EEOC) anti- discrimination policy in 1980. Two questions direct this study: Why and how did sexual harassment policy originate in the 1970s? How did policymakers then re-frame it once feminist activists no longer controlled the issue’s definition? This dissertation argues that sexual harassment policy originated in the 1970s because working women and second-wave feminists succeeded in framing the problem as one of women’s economic citizenship rights, or women’s right to work without being sexually harassed. Once feminists lost this influence in the 1980s, conservatives including Reagan administration officials, members of Congress, and anti-feminist activists challenged the EEOC’s policy and altered its enforcement by lessening its protections for working women in favor of employers. Several sources inform this study, including EEOC records, legal cases, congressional hearings, government documents, and scholarship on second-wave feminism and economic citizenship. It finds that, after defining sexual harassment, feminists argued for public policy to stop it. It further finds that once the EEOC implemented its policy, feminists encountered resistance to how they defined the problem by male workers, employers, and newly empowered conservatives. Finally, this project concludes that these events left questions about employer liability for sexual harassment unanswered by 1991 when the Anita Hill-Clarence Thomas scandal put the issue at the forefront of American political thought and culture. iii This dissertation contributes to current literature on the history of women’s inclusion in the workplace, the legacies of second-wave feminism in the U.S., and the rise of the New Right. By identifying how women argued for sexual harassment policy based on perceptions of economic citizenship, this project illuminates one of the many ways second-wave feminists struggled for equality. It also changes our understandings of the New Right by illustrating how the New Right’s backlash against second-wave feminism shaped sexual harassment policy and, ultimately, led to where the EEOC’s policy stands today in not protecting working women as it had originally. iv For Mom, Dad, and Shelly and in memory of Robbie v ACKNOWLEDGMENTS I have been fortunate to have met such wonderful people over the last six years at Bowling Green State University who each impacted this project in a myriad of ways. First, I must thank my dissertation committee. From the very beginning of my graduate career when I was her research assistant and through the time when she was my advisor, Liette Gidlow always offered careful, thoughtful guidance. I truly appreciate all of the time we spent discussing this project and thank her for her never-ending encouragement and research, teaching, and career advice. Leigh Ann Wheeler was an enthusiastic part of this committee who also pushed me to consider difficult questions and whose thoroughness and attention to detail undoubtedly made this a better project. I also must thank her for her guidance and support during the time when she was my teaching mentor. Don Nieman encouraged me to consider many broader themes and questions and pushed me to think about my research in newer, very exciting ways. As an administrator, I was thankful for his time and dedication to this dissertation. Neal Jesse came to this project near the end, but brought an energy and perspective that gave me fresh ideas and insight for future endeavors. When it comes to this committee, I can say with confidence that all of their students are better served because of their individual commitments to student success and growth. I also benefited from the teaching and dedication of other BGSU History faculty and staff. Andy Schocket always pushed me to be a better student, writer, and teacher. Walt Grunden also provided support beyond his duties as graduate coordinator. DeeDee Wentland was a constant source of encouragement and smiles. I met Tina Amos on my very first visit to Bowling Green and am thankful for the friend I found that day. Both DeeDee and Tina care for the History graduate students in ways that are unmatched and truly make the department a delightful place to work and study. vi Six years in Bowling Green have led me to several new and lifelong friendships and I regret that I can only name a few here. Rebecca Dutton and Jim Rose were there at the beginning and I am grateful for their friendship both professionally and personally. Without needing to be asked, they always knew just how to make me feel better and how to offer their support. Meredith Clark-Wiltz has been such a wonderful friend and source of encouragement. I thank her for helping me to stay positive and focused on the important things. She and her husband Steven Wiltz also made Bowling Green a much more fun place to live. I also thank Erin McKenna for her friendship and willingness to listen during our walks around Bowling Green. Although graduate school kept me apart from my friends in other places, I must still thank Carrie Jo Matthews and Lisa Tarquinio for their friendship and encouragement from afar. My family has also been a key part of my graduate career. Beginning with my aunt and uncle, Colleen and Mark Schaeffer, and their twin sons, Adam and Cory, their love and support always kept me grounded and motivated to continue. My grandfather, Russell Jones, also pushed me to reach and achieve my goals. Chris, Fran, and Michael Johnston welcomed me into their family during a crucial phase of this project and I also must thank them for their positive thoughts and encouraging words near its end. This dissertation is dedicated to my parents, Denny and Marna Jones, who instilled in me a love and appreciation for the past from a very young age. Their care and support sustained me throughout this project and pushed me forward during the moments when I doubted myself. I also would not have completed this dissertation without the encouragement of my twin sister, Shelly. I was often cheering her on when we were young, but she knew just what to say to help me see this to the end. This project is also dedicated to the memory of our brother, Robbie, who was taken from us far too soon but whose life continues to be a source of inspiration. vii Finally, I must thank my husband, Christopher Johnston, whose ceaseless support and encouragement undoubtedly made this project better in the same way that our relationship has made me a better person over the past five and a half years. Christopher thoughtfully listened and offered guidance from the very beginning of this project through its completion. I am sure that many would agree that the final months of a dissertation are a difficult time to start a marriage, but Chris’s efforts to keep me focused on our future and to help me laugh each day proved that there could not have been a better time to end one phase and begin a new one in our life together. I know that I am lucky to have his love and friendship. viii TABLE OF CONTENTS Page INTRODUCTION .....……………………………………………………………………… 1 CHAPTER I. WOMEN, WORK, AND EMPLOYMENT LAW BEFORE 1975 ................ 44 CHAPTER II. SEXUAL HARASSMENT FRAMED AS AN ISSUE OF ECONOMIC CITIZENSHIP RIGHTS........................................................................................................ 87 CHAPTER III. THE FEDERAL GOVERNMENT RESPONDS TO THE PROBLEM OF SEXUAL HARASSMENT.................................................................................................... 145 CHAPTER IV. SEXUAL HARASSMENT IS SEX DISCRIMINATION: THE EEOC DESIGNS AND IMPLEMENTS FEDERAL SEXUAL HARASSMENT POLICY ........... 192 CHAPTER V. MEASURING REACTION TO THE EEOC’S SEXUAL HARASSMENT POLICY & FINAL INTERPRETIVE GUIDELINES.......................................................... 235 CHAPTER VI. COMPETING VOICES: POLITICAL CONTESTS OVER THE EEOC’S SEXUAL HARASSMENT POLICY .................................................................................... 268 CHAPTER VII. EEOC POLICY SHIFTS AND NEW QUESTIONS RAISED BY MERITOR V. VINSON........................................................................................................... 320 CONCLUSION: ANITA HILL AND THE RE-SHAPING OF SEXUAL HARASSMENT DISCOURSE...................................................................................................................... ... 376 BIBLIOGRAPHY......……………………………………………………………………… 387 APPENDIX A. U.S. WOMEN’S LABOR FORCE PARTICIPATION, 1975-1992............ 409 APPENDIX B. OPM’S POLICY STATEMENT AND DEFINITION OF SEXUAL HARASSMENT…………………………………………………………………………….. 410 ix APPENDIX C. EEOC GUIDELINES ON DISCRIMINATION BECAUSE OF SEX, ISSUED IN INTERIM FORM, APRIL 11, 1980, AND IN FINAL FORM, NOVEMBER 10, 1980.. 411 APPENDIX D. NATIONAL ORGANIZATION FOR WOMEN (NOW) LEGAL DEFENSE & EDUCATION FUND ADVERTISEMENT,
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