and design of programs. The services provided under CETA for women and other client groups therefore depend largely upon the perceptions of those officials. Regulations governing the program include various provisions to assure equal access to services for women as well as minority groups. (1) Prime sponsors and State advisory councils are required to the extent practical, to include members who are representatives of the client community, including women. There is a similar requirement to include women on Governors' State Manpower Service Councils. (2) Prime sponsors are required to publish their program summary in newspapers for comments from the general public and to respond to any comment. (3) Prime sponsors are required to establish priorities for assistance, taking into account the priorities identified by the Secretary and the significant groups represented among the economically disadvantaged, unemployed, and underemployed residing within their jurisdiction. (4) No person may, on the ground of race, creed, color, handicap *** national origin, sex, or beliefs be excluded from participation in or be denied the benefits of any program or activity funded under the act. The law also, in title VI, specifically prohibits any kind of discrimination under the act and spells out procedures for handling discriminatory practices. Job Corps One of the national programs continued by CETA is the Job Corps, and steps are underway to strengthen the commitment to women in the program. The Job Corps was established in 1965 to help jobless or low income youth become responsible employable citizens. Residential training is a unique feature. The Corps is based on two key ideas: (1) That many underprivileged young people need a change of environment away from family or community problems, or both, to make the most of their training. (2) That these youth need not only work training but a full program of educational, health, and recreational services. The law requires immediate steps to assure that half of the enrollees are women. At present, 3 out of 10 enrollees are women but steps are underway to improve this ratio. All Job Corps centers are being made coeducational. The centers' vocational programs have been expanded to include a number of jobs that are not normally considered women's occupations. Among these are several skilled trades, including construction. Work Incentive Program Another major employment and training program is the Work Incentive Program (WIN), designed to help people, primarily women receiving Aid to Families with Dependent Children (AFDC), become productive workers. Welfare recipients who are able to work are required to register with the Employment Service for placement and training. Those under 18, those under 21 who are in school full time, mothers of preschool children, and the sick, disabled, or elderly do not need to register but may volunteer. The WIN program offers jobfinding aid to AFDC recipients who are ready to work and services such as job training, counseling, medical aid, and child care to those who need such help to work. AFDC recipients also have positive incentives for participating in WIN: an "income disregard” that makes working more profitable than welfare alone. The first $30 of earnings plus one-third of the remainder is not deducted from AFDC benefits, nor are work-related expenses. People in training or certain other WIN activities also receive an incentive payment of $30 a month besides their regular assistance checks. A training package is being developed to help State employment service staff work out techniques for directing WIN registrants to skilled jobs not traditionally filled by women. Income Security A number of Government programs provide income to workers who become unemployed for economic reasons or because of job-related disabilities. In addition, the social security system provides income to disabled and older workers as well as to workers' survivors. Unemployment Insurance Unemployment insurance (UI) provides experienced members of the labor force with temporary partial replacement of wages lost because of economic unemployment. The wage replacement is paid to all who meet the statutory requirements without any relation to their individual need. The program is designed to assure that part of the costs of economic unemployment are shared by industry, instead of being borne entirely by unemployed individuals. By maintaining at least some of the purchasing power of the unemployed, the program serves to reduce the spread of unemployment. As workers, or wives of workers, women have a basic interest in maintaining the system. Eighty-five percent of all workers in the United States are covered by unemployment insurance. UI is largely provided through a Federal-State program, established by the 1935 Social Security Act. The Federal-State program is financed by taxes paid by employers to the Federal Government and to the States. The Federal Government levies a tax on most employers and permits those employers to offset most of their Federal tax if they pay their required taxes under a State law which meets Federal requirements. Subject to some Federal restrictions, each State legislature has great freedom to determine which employers are covered, the amount of tax paid by individual employers, and the conditions an individual must meet to receive benefits. The State has complete freedom to determine the size of regular benefits, but benefits are normally related to the past weekly wages of the claimant. When unemployment reaches defined levels the maximum duration of benefits is increased. Basic benefit rates in all States are established for workers without differentiation between men and women or primary or secondary wage earners. Differences in actual benefits and eligibility for benefits between men and women are generally reflections of economic facts and differences in the way statutory restrictions and administrative rulings affect workers with different patterns of employment. Individuals who leave a job voluntarily without good cause, who are discharged for misconduct connected with the job, or who, without good reason, refuse a suitable job, are disqualified for benefits. The requirement that to be eligible for unemploy. ment insurance benefits a worker must have been employed for a specified number of weeks in a recent base period means that the system does not protect those who are reentering the labor force. Despite the fact that taxes are paid on wages of part-time workers, those who work part time for personal reasons are generally not eligible for benefits because they are not available for full-time work. Unemployment insurance eligibility is discussed further in appendix A, part 2. Retirement and Disability Income In 1935 Congress addressed the need for income of retired workers (and later their spouses) by enacting the Social Security Act. It is especially important for women workers who find it difficult to accumulate sufficient time with one employer to qualify for a private pension plan and who are less likely than men to work in establishments with such plans. For women who work entirely in their own homes, eligibility as dependents or survivors of insured workers is also critical. Social security legislation has grown in complexity through the years and is addressed to a variety of social needs. Title II (the portion providing for what is popularly thought of as "Social Security") once provided minimal benefits for only certain types of employees when they reached the age of 65. Over the years title II has been amended numerous times to add benefits for disabled workers, survivors and dependents of insured workers, most self-employed persons, most State and local employees, household and farm employees, members of the armed services, and the clergy; to offer reduced benefits before age 65; to provide benefits at 72 for some uninsured individuals; to provide for automatic increases in benefits and contributions with changes in the Consumer Price Index and in average covered income; and to increase the contribution rate and base. In addition, when the Federal program of health insurance for the aged and disabled (usually referred to as "medicare") was established, the eligibility provisions for hospital insurance benefits were incorporated in title II. Recently, the Social Security Act was amended to establish a means-tested system of direct Federal "supplementary security" payments to aged, blind, and disabled persons. There are special minimum retirement benefits for persons with low earnings. Disability benefits are payable to those with certain specified amounts of service. There is provision for survivors' benefits. A person who is eligible for benefits on the basis of his or her own hours is entitled to benefits based on this employment, or may receive benefits as a spouse or dependent survivor, whichever is higher. Retirement age is 65, with retirement at age 62 permitted with a permanent reduction in benefits. Up to 40 quarters of work credit is needed for benefits. Because women work fewer years than men and have more frequent breaks in employment, they are less likely to be eligible for benefits, and the size of their benefits is likely to be smaller than those of men. The situation in terms of eligibility for disability benefits is likely to be especially serious. Details are provided in appendix A, part 2. Supplementary Security Income A Federal program of payments to low-income people 65 or over and to blind or disabled people replaced formerly Federal-State programs for these workers at the beginning of 1974. In contrast to the rest of the social security system, which is essentially limited to those who have paid social security taxes for a minimum period of time, supplementary security income is paid only to those whose earned and unearned income is below the income provided by the program. Supplementary payments by States are not counted in determining income eligibility. Disabled or blind beneficiaries who refuse vocational rehabilitation services without good cause lose eligibility. Full monthly benefits as of July 1974 were $146 for a single person and $219 for a couple. These benefits are subject to the same consumer price escalation as social security benefits. Medical Insurance Payments for Older Workers The "medicare" program was added to the Social Security Act in 1965. Part A of the title provides hospital insurance benefits for those 65 and over; part B provides supplementary medical insurance benefits for persons under part A who elect coverage. As of July 1, 1973, entitlement to hospital insurance benefits was expanded to people entitled for not less than 24 consecutive months to disability benefits under the social security or railroad retirement systems. Those insured under social security, their spouses, or their dependent children who require dialysis or kidney transplants because of chronic kidney failure are also eligible. Hospital insurance benefits are financed by a percentage of wages collected with the social security contributions. The voluntary medical insurance program is financed by a monthly premium ($6.70 in July 1974) from enrollees, matched by funds appropriated by the Federal Government. Persons age 65 not eligible for social security can obtain coverage under both parts of the medical care program by paying a monthly premium ($36 in July 1974). Private Pension Plans Private employers are not required to establish private pension plans to supplement social security. The Federal Government does, however, set reporting standards for any private pension plans that employers do provide. These regulations were strengthened, and vesting and fiduciary requirements were added by legislation adopted in 1974. Under the new legislation, any employee of a company with a plan is eligible to participate if he or she is at least 25 years old and has worked at least 1 year for the employer. The 1974 legislation also created a guaranty corporation to protect vested benefits of workers whose plans are terminated with insufficient assets. Workers' Compensation All States require employers to provide benefits to workers who are injured on the job and also to workers with certain occupationally related illnesses. Workers' compensation benefits apply equally to men and women and are paid regardless of fault. Provisions of the workers' compensation law vary widely from State to State. The entire workers' compensation system, including the level of benefits provided, has been the subject of intensive review in recent years. Temporary Disability Insurance Except in six jurisdictions (five States and Puerto Rico) employers are not required by law to provide health insurance or disability benefits other than for occupationally related disabilities. In these jurisdictions, however, employers must pay taxes for temporary disability insurance. Maternity Benefits and Other Financial Aids There is no nationwide system of maternity leave or maternity allowances in the United States. However, special attention in recent years to income protection for women workers who become pregnant has significantly increased the number who are permitted to remain on the job as long as their physicians advise and who are entitled to normal disability benefits during absence for childbearing and to subsequent reinstatement. These changes have been brought about by laws designed to eliminate sex discrimination in employment and judicial decisions that arbitrary treatment of all pregnant workers violates their legal rights. For years, many women workers have been covered under some type of employment-related insurance or benefit plan which guaranteed payment of at least part of hospital and physicians' expenses for childbirth. (Costs of such plans are either shared by employer and employee or borne by the employer.) In some instances, they have also been entitled to sick leave pay while absent for childbirth and recovery. One of the six State laws requiring temporary disability insurance was changed recently to remove special recently amended to permit payments to covered workers who are disabled because of abnormal or involuntary complications of pregnancy. Two States still limit the size or duration of benefits for pregnancy. In the other two, benefits are payable only for disability restrictions on benefits for childbirth. Another was that occurs after a woman has worked in covered employment for at least 2 consecutive weeks following the termination of pregnancy. The Equal Employment Opportunity Commission has ruled that disabilities related to pregnancy, miscarriage, childbirth, or recovery should be treated as temporary disabilities under any health or temporary disability insurance or sick leave plan. Employment policies or practices involving leave, accrual of seniority, reinstatement or other benefits must be applied to disability because of pregnancy or childbirth on the same terms as to other temporary disabilities. Moreover, termination of a temporarily disabled employee because of employment policy that provides insufficient leave violates the Civil Rights Act if it has a disparate effect on one sex and is not justified by business necessity. Several State agencies have adopted similar guidelines and policies. Several employers are being brought into court because of refusal to comply with the pregnancy guidelines; others have changed their policy to conform. A number of actions are ending prohibitions on employment of women for specified periods immediately before and after childbirth, exclusion of women from employment because of pregnancy, and other employment practices that discriminate against pregnant women. Sex discrimination guidelines issued by the EEOC declare that the few State laws that prohibit employment of women for specified periods immediately before or after childbirth were superseded by Federal law, as were employment policies or practices that exclude women from employment because of pregnancy. In early 1974 the Supreme Court ruled that regulations of certain school boards requiring teachers to leave their jobs at the end of the fourth or fifth month of pregnancy were denial of "due process" under the Constitution of the United States. The courts have generally upheld Federal and State agencies that have filed suit against companies still discriminating against pregnant employees. The Supreme Court agreed recently to review an appeals court decision specifically upholding the income maintenance requirements of EEOC sex discrimination guidelines. Guidelines on maternity leave for Federal civilian employees were revised in October 1974 to eliminate provisions that appeared to make any distinction in treatment between pregnant employees and employees who experience temporary disabilities requiring extended absence from duty. In effect, this means that agencies cannot set arbitrary termination dates for pregnant employees, nor can they refuse to grant advance sick leave for pregnancy disability if such leave is granted for other temporary disabilities. The revised guidelines direct Federal agencies to handle requests of male employees for time off to care for minor children, or for their wives while incapacitated for maternity reasons, in a manner consistent with their policy for granting leave in similar situations. Research in Progress A variety of research projects are underway, aimed at identifying and remedying barriers to the employment and advancement of women. The Department of Labor is focusing its attention on further research in the following areas: identification of job requirements most likely to be barriers to employment and advancement of women; approaches to assure continuity of competence for women who must leave the labor force temporarily because of family responsibilities; techniques for increasing the number of women in nontraditional jobs; analysis of special employment problems of black, Spanish-surnamed, and other minority women; and more research on part-time employment and flexible work hour scheduling. Some specific research projects have been described earlier. Among the others being financed by the Federal Government are: • National longitudinal surveys of women in two age groups (the age to be entering the labor force for the first time and the age likely to be returning to the labor force). These are designed to relate personal characteristics such as education, training, health, family income, child care arrangements, and mobility to labor force behavior. A minority women's employment program, started in two cities and now expanded to five other cities. It was designed to develop methods of placing unemployed and underemployed college educated minority women in managerial, professional, and technical jobs. The program has come to be regarded by industry as a source for high caliber applicants. • A test of the impact and effectiveness of a model youth program. The experiment involves black teenage girls with severe social and economic problems attending sessions directed by peers of similar social and economic background who serve as role models. • A project to modify credential and qualification requirements for paraprofessional workers in occupations such as child development, occupational therapy, and teaching. • An assessment of the impact of training programs on minorities and women. • An assessment of the effect of flexible work hours on welfare dependency. • A study of the influence of health problems on the employment of welfare recipients. Administrative Arrangements The role of various parts of the Department of Labor and of State agencies in administering the variety of government programs with impacts on women is described in the preceding sections of this report and in chapter 3. The Women's Bureau in the Department of Labor is the continuing mechanism focusing on the special concerns of women workers. Established by Congress in 1920 as part of the United States Department of Labor, it is the single agency in the Federal Government with the legislative directive to promote the welfare of working women. Its mandate is "to formulate standards and policies which shall promote the welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities for profitable employment." The Bureau is headed by a Director, who is also the Special Counselor to the Secretary of Labor for Women's Programs. It has a staff of some 75 to 80 in its national and 10 regional offices throughout the country. The work of the Bureau is centered around three basic goals: • To improve the employability of women, • To reduce substantially discrimination in em- In carrying out its responsibilities, the Women's Bureau serves as leader, advocate, adviser, and stimu lator. It also serves as the central clearinghouse for economic and legal information about women. It provides background information and up-to-date statistics on current trends and developments in women's employment, legal rights, educational attainment, and other areas, to various Federal, State, and local public agencies and private organizations and groups in the United States and around the world. Current programs of the Bureau include informing women of their legal rights and providing advisory services to employers engaged in developing affirmative action programs to eliminate sex discrimination in the hiring, training, and promotion of women. The Bureau promotes the entrance of women into fields that traditionally have not been open to them, including apprenticeable jobs. It is deeply concerned with elevating the status of women who are now in low-skilled, low-wage occupations such as private household work. Through conferences, publications, and advisory services, the Bureau promotes the creation of more effective rehabilitation programs for women offenders, expanded day care services for children of working mothers, and continuing education programs. It is expanding channels of communication with young women and those of minority groups in order to address their special needs. In addition, it works closely with trade union women's groups, women's organizations, and various other public and private agencies or organizations. Although the Bureau does not enforce any laws, it works closely with enforcement agencies to assist in formulating regulations or guidelines and to help educate workers, employers, and the public about laws prohibiting sex discrimination. And while it does not provide financial assistance to groups or individuals, the Bureau has helped obtain from other agencies funding of projects for training or research purposes. Since 1972 the Bureau has had a leading role in the coordination of Department of Labor activities affecting women. By direction of the Secretary of Labor, all Department activities that relate to the participation of women in the economic and social development of the Nation must be coordinated with activities of the Bureau. This means the Bureau must be involved in policymaking matters that pertain to women's interests and in clearing materials that may have an impact on Bureau activities. The Intradepartmental Coordinating Committee for Women, chaired by the Women's Bureau Director and composed of Department staff at the policymaking level, was subsequently set up to insure effective coordination and full utilization of Department resources on behalf of women. The technical expertise of the Women's Bureau may be utilized by Congress in considering proposed legislation. The Director or other staff members may testify at hearings, or publications and special reports may by submitted for the record, and the Bureau may prepare recommendations on proposed legislation. In the administrative area, the recommendations of the Women's Bureau and the informal advice of the Director are sought by top government officials on a host of issues affecting women. Women's Bureau staff also participate in numerous policymaking task forces and inter-Federal agency committees. There are other Federal agencies, and ad hoc groups which do not enforce laws, concerned with the interests of women in the labor force. Bureau employees serve as the staff of one of these, the Citizens' Advisory Council on the Status of Women. Members of the Council, established by Executive order in 1963, are appointed by the President. The Council's primary functions are to: • Serve as a primary means for suggesting and stimulating action with private institutions, organizations, and individuals working for improvement of conditions of special concern to women, • Review and evaluate progress of organizations in furthering the full participation of women in American life, and • Consider the effect of new developments on methods of advancing the status of women and recommend appropriate action. The Council has made recommendations to the President, to agencies of the Federal Government, to State legislatures, to State and city commissions on the status of women, and to voluntary organizations. The Council's recommendations are published without review by any part of the Federal Government. Its recommendations and supporting papers and its annual reports are distributed to women's organizations, State commissions on the status of women, the media, and individuals. Its publications are also distributed at many conferences on topics related to the status of women. The U.S. Commission on Civil Rights makes continuing studies and recommendations covering violations of civil rights because of sex, race, color, religion or national origin. In addition, special advisory committees on women have been established within the past few years in at least two Federal agencies, the Department of Labor and the Department of Health, Education, and Welfare. The Federal Women's Program (FWP) was established in 1967 within the Civil Service Commission to advance the status of women in the Federal service. Each Federal agency is required to have a Federal women's program coordinator or chairperson of an FWP committee to act as the agency's contact, source of information, and adviser to the agency head on matters involving the employment of women. 598-511 O-76-3 |