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- <text id=89TT1252>
- <title>
- May 15, 1989: A Slap At Sex Stereotypes
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- May 15, 1989 Waiting For Washington
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 66
- A Slap at Sex Stereotypes
- </hdr><body>
- <p>The Supreme Court clears the way for discrimination suits
- </p>
- <p> When Ann Hopkins came up for partnership at Price Waterhouse
- in 1982, she looked like a shoo-in for a promotion. Of the 88
- candidates -- all the others were male -- she had the best record
- at generating new business and securing multimillion-dollar
- contracts for the Big Eight accounting firm. Yet Hopkins'
- nomination was put on hold after she was evaluated by several male
- partners as being too "macho" and in need of a "charm school." One
- of them advised her to "walk more femininely, talk more femininely,
- dress more femininely, wear makeup, have her hair styled and wear
- jewelry." Instead she quit the firm and filed a lawsuit under Title
- VII of the Civil Rights Act of 1964, which forbids employment
- discrimination because of a person's sex.
- </p>
- <p> Last week, in a 6-to-3 ruling hailed by civil rights and
- women's advocates, the U.S. Supreme Court held that Price
- Waterhouse had based its decision in part on unlawful sexual
- stereotyping. Wrote Justice William Brennan in the lead opinion:
- "An employer who objects to aggressiveness in women but whose
- positions require this trait places women in an intolerable and
- impermissible Catch-22: out of a job if they behave aggressively
- and out of a job if they don't."
- </p>
- <p> According to the court's ruling, the legal burden of proof
- shifts to Price Waterhouse. The firm must establish that it would
- have rejected Hopkins' partnership bid based on purely
- nondiscriminatory factors. "At this point," noted Justice Sandra
- Day O'Connor, "the employer may be required to convince the fact
- finder that, despite the smoke, there is no fire." The court's
- decision to shift the burden to the employer should make it easier
- for many employees to win Title VII cases, which also bar job
- discrimination on the basis of race, religion and national origin.
- </p>
- <p> Hopkins, who is now a senior budget officer at the World Bank,
- declared herself "absolutely delighted" by the court's decision.
- "It's an important and significant win for women," said Marcia
- Greenberger, managing attorney of the National Women's Law Center
- in Washington. "This will make a real difference to women who are
- trying to rise to the top of their professions." A contrary ruling,
- said some scholars, would have meant an almost insurmountable
- burden of proof for many plaintiffs in employment cases.
- </p>
- <p> But Price Waterhouse also had reason to celebrate. The court
- found that the firm had earlier been held to too high a standard
- of proof in rebutting Hopkins' claims. Thus, when the case is
- reheard in a lower federal court, Price Waterhouse's task will be
- somewhat less onerous. Instead of having to present "clear and
- convincing evidence" that it declined to promote Hopkins for
- nondiscriminatory reasons, the firm will only be required to back
- that claim with a "preponderance" of evidence -- a less rigorous
- standard.
- </p>
- <p> The net result of the court's ruling, say legal experts, is
- that firms will be under pressure to root out bias among
- individuals making important personnel decisions. "The court is
- saying to employers they should examine their processes and make
- sure they have objective standards," says Douglas McDowell of the
- Equal Employment Advisory Council. "Supervisors must be properly
- trained to ensure that race and sex aren't part of the
- decision-making process." Such changes in attitude may already be
- under way at Price Waterhouse. Referring to the embarrassing
- publicity generated by this case, Kathryn Oberly, an attorney for
- Price Waterhouse, observes, "You couldn't have a better teaching
- example than to see the name of your firm in the newspaper for the
- past few years." Still, the firm has a way to go when it comes to
- women in top jobs. Even after the prolonged litigation, only 28 of
- Price Waterhouse's 900 current partners are women.
- </p>
-
- </body></article>
- </text>
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