Pennsylvania Should Adopt A Law to Protect Women in Midlife From Employment Discrimination Based on Caregiving Responsibilities

By Caroline Buck, WLP Law Intern and Tara Murtha, WLP Staff

Women moving into the workforce has been one of the most important economic trends in the last 30 years. In April, the Center for American Progress issued a report that detailed the substantial impact of working women on the economy.

One of the report’s key findings was that if women’s employment had remained at the same level it was in 1979, the 2012 gross domestic product would have been roughly 11 percent lower. “In today’s dollars, this translates to more than $1.7 trillion less in output—roughly equivalent to combined U.S. spending on Social Security, Medicare, and Medicaid in 2012.”

The most dramatic increase in working women has been the influx of mothers into the workforce. In 1979, 27.3 percent of mothers worked outside of the home. In 2007, this number grew to 46 percent.

Since 2007, both the percentage of working mothers and the overall number of women working outside the home has dropped.

It’s bad news for both women and the economy.

Last week, the New York Times published a report digging into the dynamics and consequences of the trend of women, and particularly middle-aged women, dropping out of the workforce while at the peak of their earning potential.

There’s no single explanation for the drop, but caring for elderly parents is one reason for the statistically significant reduction of women in the workforce. In a recent article investigating the issue, the New York Times profiled Tracy Murphy. Formerly a non-profit agency manager, 54-year-old Tracy left her job to care for her sick mother five years ago.  As we know, women are the primary caretakers of both parents and children. Though middle-aged women are dropping out of the workforce at a higher percentage than their younger counterparts, women in their 20s are also dropping out to focus on young children or to return to school.

Another factor is that the edge of the recession cut into government budgets, where statistically more women than men earn a paycheck. Almost half of the government jobs lost between 2008 and April of this year were in education – a job still overwhelming female – and illustrative of the ongoing job segregation that depresses women’s wages and opportunities.

From the New York Times:

“It’s a disaster for the women concerned,” said Ian Shepherdson, an independent economist, “but it’s also bad news for the economy because they are not contributing to growth and their skills are eroding through extended inactivity.”

With parents living longer and having children later, the report explains that women are pinned between caring for parents and children themselves to “save money,” and losing earnings and benefits that ideally would be incrementally increasing over the years.

Then, when they try to return to work, they find themselves pinned between being too young to retire and too old to be competitive. In addition, they are often discriminated against in hiring processes and passed over for promotions based on the assumption that they will be less committed to their jobs as a result of their caretaking responsibilities.

So what can we do?

There are certainly cultural factors at play: Women account for two-thirds of caretakers. Daughters are so much more likely to be tapped to care for elderly parents that studies of a recent report on the phenomenon commented, “it’s almost like being back at the turn of the century.”

Policies that acknowledge the shifting configurations of family, the labor market and the economy, as well as legislation that protects caregivers against employment discrimination, could help.

In Pennsylvania, 1.39 million people – primarily women – serve as informal caregivers for adults requiring long-term care at any given time. Additionally, three-quarters of adults requiring long-term care rely exclusively on family members to provide the daily assistance they need. Some states and localities have adopted laws to expressly prohibit employment discrimination based on caregiving responsibilities.  Pennsylvania has not yet done so.

On June 5, Tara Pfeifer, Staff Attorney for the Women’s Law Project, presented testimony before the Pennsylvania House Labor Committee in support of a state bill that would provide some necessary protections.

H.B. 2271, if passed, would amend the Pennsylvania Human Relations Act to prohibit discrimination based on “familial status” in the employment context. Although this is an important step that would provide much needed protections for working parents with caregiving responsibilities, the current bill does not provide legal protections to those who are caring for adults that require long-term assistance. As a result, other legislation is needed to fill this gap.

The economic and social impact of caretaking responsibilities on women’s workforce participation is clear, and the potential for discrimination in the employment context because of these responsibilities looms large. Yet until further legislative action is taken, those caring for other adults will remain vulnerable.

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One Response to Pennsylvania Should Adopt A Law to Protect Women in Midlife From Employment Discrimination Based on Caregiving Responsibilities

  1. The reality is that having children and aging parents does not provide a basis for pardon from paying bills, and it should neither form a basis for denial of access to adequate human resources such as are availed by sufficient employment. Dropping out, or, likely, in most instances, being forced out of the workforce, without income or sufficient savings, to care for children or parents only exacerbates familial crisis, and, as you’ve pointed out, takes a toll on the national economy. It is by working that we’re best able to provide care for our children and aging parents, and as long as there are child and adult care facilities and professionals, schools, and medical alert buttons, which I doubt will be going anywhere soon, all who are capable of working should be privileged to work.

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