Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace

Nine to Five provides a lively and accessible introduction to the laws and policies regulating sex, sexuality, and gender identity in the American workplace. Contemporary cases and events reveal the breadth and persistence of sexism and gender stereotyping. Through a series of essays organized around sex discrimination, sexual harassment, pregnancy discrimination, and pay equity, the book highlights legal rules and doctrines that privilege men over women and masculinity over femininity. In understanding the law - what it forbids, what it allows, and to what it turns a blind eye - we see why it is far too soon to declare the triumph of working women's equality. Despite significant gains for women, gender continues to define the work experience in both predictable and surprising ways. A witty and engaging guide to the legal terrain, Nine to Five also proposes solutions to the many obstacles that remain on the path to equality.

Foreword Barbara Babcock; Preface; Part I. What Is Sex Discrimination?: 1. Sexual jealousy; 2. Too hot to be a dental hygienist?; 3. A twist on the problem of sex inequality in coaching; 4. Mixed motives; 5. Sex stereotyping and dress codes; 6. A victory for transgender employees; 7. How fast must female transit officers run?; 8. Who is protected by anti-discrimination laws?; 9. Punishing the coach who stood up for his female athletes; 10. Broader protection against workplace retaliation; 11. The Supreme Court protects retaliation victims, but still leaves gaps in the law; Part II. Sexual Harassment: 12. Workplace affairs and sexual favoritism; 13. Lolita at the office; 14. Sex talk in the writers' room; 15. Sex behind bars; 16. When the supervisor bullies only women; 17. The equal opportunity harasser; 18. Periodontal perils; 19. Punishing effeminacy; 20. Late night affairs with David Letterman; 21. Why Herman Cain has not been able to talk his way out of his exploding sexual harassment scandal; 22. Why hostile environment harassment is a 'continuing violation'; 23. When sexual extortion is successful; 24. The consequences of failing to complain about harassment; 25. Who is responsible for sudden, severe harassment?; 26. Chinks in the harassment law armor; 27. Do employer efforts prevent harassment or just prevent liability?; 28. Who's the boss?; 29. Costly mistakes; 30. Hands off the merchandise; Part III. Pregnant Women and Mothers at Work: 31. Pregnant truckers and the problem of light-duty assignments; 32. A big win for pregnant police officers; 33. Undue burden; 34. Hard labor: new pregnancy discrimination guidance from the EEOC; 35. Forceps delivery: the Supreme Court narrowly saves the pregnancy discrimination act in Young vs UPS; 36. The Pregnant Workers' Fairness Act: a time for change?; 37. The Supreme Court deals a blow to once-pregnant retirees; 38. If she don't win it's a shame; 39. Must employers who cover prescriptions cover contraception?; 40. Fertile ground for discrimination; 41. Can a woman be fired for absenteeism related to fertility treatments?; 42. Is lactation related to pregnancy?; 43. The Pregnancy Discrimination Act reaches advanced maternal age; 44. A victory for families, but hardly a panacea; 45. A small step in the right direction: the Family and Medical Leave Act at twenty; 46. 'Best practices' to promote work/family balance; Part IV. Female Breadwinners and the Glass Ceiling: 47. The Supreme Court slams the door on pay discrimination claims; 48. A call for congressional action to remedy pay inequality; 49. The Lilly Ledbetter Fair Pay Act of 2009; 50. Taking stock: is the Ledbetter Act working?; 51. The lady in red; 52. Unfinished business; 53. Will ABA's proposed solutions for gender inequity work?; 54. Equality still elusive for women in the federal workforce; 55. 'Girlie men'; 56. Playing 'too womany' and the problem of masculinity in sport; 57. Binders for women, blinders for Romney; Conclusion.