Addressing the Gender Gap: Ongoing Challenges for Women and Legal Remedies in the Workplace

The landscape of job opportunities for American women has undergone significant changes over the past several decades. From increased workforce participation to greater representation in high-paying positions, women have made notable strides. However, these gains have not been uniform. Substantial gender disparities persist in employment across industries and positions. Understanding these inequalities and the legal measures available to address them is crucial for fostering a more equitable workplace.

Pew Research Center examined surveys, federal data and trends ahead of Women’s History Month in March. Their analysis found that despite the progress made since 1950, when women comprised just 30 percent of the U.S. workforce, their share has plateaued at around 47 percent in recent years. The stagnation is projected to continue through 2032, according to data from the Bureau of Labor Statistics.

Women now account for 51 percent of the college-educated workforce, outnumbering men. However, their presence in high-paying occupations remains disproportionately low. Women first surpassed men in the college-educated labor force in the fourth quarter of 2019, and they have continued to maintain this lead through the COVID-19 pandemic.

An analysis of Census Bureau data reveals that women account for only 35 percent of workers in the nation’s 10 highest-paying jobs, such as physicians, lawyers and dentists. This is a significant increase from 13 percent in 1980, yet women are still underrepresented in nine of these occupations. Pharmacists are an exception, with women making up 61 percent of the workforce in the field, according to Pew Research Center. Workers in such high-paying occupations typically earn more than $100,000 a year, highlighting the significant economic impact of these gender disparities.

Moreover, the gender wage gap remains a stubborn issue. In 2022, women earned just 82 cents for every dollar earned by men, a figure that has barely changed in two decades. Surveys indicate that half of U.S. adults attribute this gap to employers treating women differently, while others point to women’s choices regarding work-life balance and the types of jobs they pursue. Women are much more likely than men to believe that employer discrimination is a major reason for the wage gap, 61 percent versus 37 percent, respectively.

Legal frameworks play a pivotal role in addressing gender disparities. Employment laws such as the Equal Pay Act, Title VII of the Civil Rights Act and the California Fair Employment and Housing Act provide means for combating wage disparities and gender discrimination, along with promoting equal opportunities. However, enforcement and compliance remain challenging. Employers often need to make more effort to ensure fair treatment and equal pay for all employees.

Women also continue to face significant barriers to leadership positions. As of late 2023, women made up 28 percent of U.S. congressional members and only 11 percent of Fortune 500 company CEOs. Additionally, women held 30 percent of Fortune 500 board member positions.

Public opinion reflects a growing awareness of gender-related issues in employment. A majority of Americans believe there are too few women in top political and business roles, citing the need for women to prove themselves more than men and the pervasive nature of gender discrimination. Specifically, 53 percent of adults say there are too few women in top political offices, and 55 percent say there are too few women in executive business positions. Additionally, many people believe that being a woman hinders career advancement.

While women have made substantial gains in the workforce over the past few decades, data shows that significant challenges remain. Legal remedies are essential in addressing these persistent inequalities and ensuring that all individuals, regardless of gender, have the opportunity to succeed in their careers.

At McCormack Law Firm, we are dedicated to fighting gender discrimination and other unlawful treatment of workers. If your employer is engaging in illegal discrimination, you may have grounds to take legal action.

Our San Francisco employment lawyers have experience advocating for the rights of workers and resolving workplace disputes. Contact us today for a free initial consultation to learn more about how we can help you.