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How Far We Have Come – Where We Can Go – Mary T. O’Sullivan
by Mary T. O’Sullivan, MTOS, contributing writer
“Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.”— Justice Ruth Bader Ginsburg
Since the early 20th century, women have fought for a rightful place in the American workforce—battling discrimination, inequality, and outdated social norms. Over time, legislation has become a critical tool in advancing women’s rights on the job. From the foundational labor protections of the 1930s to the most recent state-level initiatives, lawmakers have steadily expanded legal safeguards to address the real challenges women face at work. These protections have evolved to cover everything from fair pay and pregnancy accommodations to nursing support and, most recently, menopause.
This progression of laws not only reflects changing societal values but also affirms a growing commitment to dignity, equity, and inclusion for women across all stages of life and career. The Fair Labor Standards Act (FLSA), while not specified for women alone, does guarantee women a maximum hour work week, a minimum wage, and overtime pay. It’s been amended more than 20 times over the years, demonstrating its importance to all workers in the United States. Title VII of the Civil Rights Act of 1964 identifies women as a protected class and guards against discrimination, now including sexual harassment.
While Title VII laid a broad foundation for anti-discrimination protections, it wasn’t until the late 1970s that specific attention was given to the rights of pregnant workers. We may remember the “bad old days” when pregnancy was an automatic rationale for firing. Some professions prohibited women, like pregnant school teachers, from working at all. In 1978, The Pregnancy Discrimination Act (PDA) was enacted to protect women, both job applicants and employees from discrimination due to pregnancy, childbirth, or related medical conditions in all aspects of employment. The PDA also ensures that these workers have reasonable accommodations to pregnant women, just as any other employee with temporary disabilities. This change could include modified work schedules, additional break times, or temporary changes to job duties.
Building on this momentum, lawmakers turned their attention to the needs of working parents and caregivers, culminating in the passage of the Family and Medical Leave Act in the early 1990s. It took until 1993 for Congress to institute the Family and Medical Leave Act (FMLA) which allows both men and women to take time off (paid or unpaid) for the birth or adoption of a child, or the illness of a close family member. It now includes time off for caring for a person with PTSD. Since women usually take the role of primary care giver, this law protects the jobs of women who needed to take time off to care for an infant or any other relative who needed care. Job protection means that when time is taken off to care for an infant or family member, the job must be available when the employee returns to work.
Despite these advancements, wage disparities between men and women persisted for decades. A turning point came in 2009, with the enactment of a law inspired by one woman’s long fight for equal pay. Progressing to the early 2000s, in 2009, the Lily Ledbetter Fair Pay Act was passed due to the pay discrimination case of a Goodyear Tire employee, Lily Ledbetter. This law amends the Civil Rights Act of 1964 to specifically address pay discrimination against women. It was revolutionary because it amended the amount of time a claimant had to file with the Equal Employment Opportunity Commission (EEOC) from 180 days from the time pay discrimination was discovered to 180 days from the last discriminatory paycheck – a real breakthrough for women, like Lily Ledbetter, who often went years unaware that her pay was $20,000 less than her male counterparts.
To further close gaps left by earlier legislation, Congress passed the Civil Rights Act of 1991, offering broader avenues for employees to challenge discriminatory practices. The Civil Rights Act of 1991 made it easier for those in a protected class, especially women, to bring claims and seek remedies against discrimination. There are many facets to this law which closed loopholes left in the original Civil Rights Act of 1964. The most important aspect of this law is stipulation that it clarified the definition of burden of proof in disparate impact cases, where a policy or practice that is not discriminatory on the surface, has a discriminatory effect on a protected group. In other words, situations where a seemingly neutral policy or practice unfairly puts a member of a protected class at a disadvantage, even without intentional discrimination. This law protects people against specific hiring requirements such as a strength test, height requirement, credit check, and certain educational requirements. As in other similar laws, the 1991 law has many complex facets, all designed to further prevent and protect against discrimination.
Most recently, federal lawmakers recognized the ongoing challenges faced by new mothers in the workplace and responded with updated protections for nursing women. As recently as 2022, the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, an amendment to the Fair Labor Standards Act (FLSA), ensures that nursing mothers have adequate break time and a clean, private space to express breast milk – no more pumping in the lavatory. This law applies to all employers, regardless of size. Also included in this act is the requirement that the nursing mother not be docked pay for her time expressing milk.
Rhode Island accomplishes a first in the nation
Beyond federal legislation, state governments have also begun addressing long-overlooked workplace issues affecting women. Rhode Island, for instance, has recently expanded protections to support female employees experiencing menopause. The federal government has enacted several other laws protecting women, especially in the post #MeToo era. Now, a long overdue remedy for women, just enacted and signed into law in Rhode Island takes on a previously taboo topic – menopause.
The Rhode Island Fair Employment Practices Act has now been amended to include accommodations for menopausal women. As of June 2025, the Fair Employment Practices Act Menopause Expansion applies to any employer with four or more employees. According to law firm, Proksaur, the amendment requires employers to provide reasonable accommodation for an applicant’s or employee’s menopause or related condition, including, but not limited to, “the need to manage the effects of vasomotor symptoms.” This statement means that women experiencing menopausal symptoms such as mood swings, migraines, hot flashes, difficulty concentrating, fatigue, digestive problems, etc., must be given accommodations in order to continue to work. Accommodations as stated in the law are: modified schedules or temporary job transfers, (similar to existing protections for pregnant workers). Other accommodations consist of flexible or remote work, the ability to control room temperature or have a desk fan and quiet rest areas. Managers and supervisors also need training to learn how to appropriately make needed accommodations and avoid discriminatory behavior.
Furthermore, the Rhode Island statute states that employers must provide written notice to employees and applicants as well as enact organizational policy changes to enforce the law. Additionally, like pregnancy, menopausal women can’t be discriminated against on the job or as an applicant due to their condition, age or gender.
The evolution of workplace protections for women in the United States reflects a long and ongoing journey toward equality, dignity, and fairness. From foundational labor laws in the 1930s to modern legislation addressing pregnancy, caregiving, pay equity, and now menopause, each new law acknowledges a critical aspect of women’s lived experiences in the workforce. These protections are not only legal mandates but also moral imperatives that foster more inclusive, humane, and productive work environments. As society continues to evolve, so too must our understanding of what equity truly means—requiring vigilance, advocacy, and continued legislative progress to ensure that all women can thrive professionally, without fear of discrimination or exclusion.
“There is no limit to what we, as women, can accomplish.”— Michelle Obama
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Connect with Mary:
www.encoreexecutivecoaching.com
https://www.linkedin.com/in/marytosullivan
Read all Mary’s columns here: https://2×8.ea2.myftpupload.com/mary-t-osullivan-msol-pcc-shrm-scp/
Mary T. O’Sullivan, Master of Science, Organizational Leadership, International Coaching Federation Professional Certified Coach, Society of Human Resource Management, “Senior Certified Professional. Graduate Certificate in Executive and Professional Career Coaching, University of Texas at Dallas.
Member, Beta Gamma Sigma, the International Honor Society.
Advanced Studies in Education from Montclair University, SUNY Oswego and Syracuse University.
Mary is also a certified Six Sigma Specialist, Contract Specialist, IPT Leader and holds a Certificate in Essentials of Human Resource Management from SHRM.
EQi2.0-EQ360 Practitioner
Appreciative Inquiry Practitioner
Six Sigma Specialist, Certified IPT Leader, Certified Contracts Manager
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