3rd Edition, “THE EQUALITY PAPERS”? By Christopher “Chris” Bennett, Akram, Amu, Jan, Jamey, Kui, Laura, Theo, and others to be named….

“THE EQUALITY PAPERS” ?

By Christopher “Chris” Bennett, Akram, Amu, Jan, Jamey, Kui, Laura, Theo, and others to be named…. (thank you to the co-creators for contributing their surveys)

(a modern and timely update to the esteemed Federalist Papers, written by Alexander Hamilton, John Jay, and James Madison)

Preamble

“We hold these truths to be self-evident, that all … are created equal,” promised the Declaration of Independence. Yet these words – noble as they appeared to be – offered no more than false promise to all but a select group…. In this respect, the American experiment in democracy and government went off the rails the moment that train left the station. We want to put it back on course and make equality a destination for all.

We draw inspiration from the Federalist Papers, authored by Alexander Hamilton, John Jay, and James Madison. This series of 85 essays, which laid out the intent of the Constitution in elegant detail, was written to promote its ratification. The work was successful in that goal. However, America has failed to live up to its promise of equality for all. An update and an upgrade are needed to include those Americans who were written out of the original. With that in mind, we are writing The Equality Papers.

Here, we define “equality” as the ability to seek “life, liberty, and the pursuit of happiness” – on a level field of play – based on the content of individual character, ingenuity and work ethic, with freedom from unlawful acts or barriers imposed by others. This equality will be the subject about which we write.

Our goal is to promote legislation, effective enforcement, and transparent data- driven, public-private oversight to ensure that lawful equality is achieved and maintained – now, for Black Americans, in concert with ensuring the same treatment – for all Americans.

3rd EDITION

July 19, 2020

Achieving Lawful Equality based on Sex – Common Sense, Uncommon Opportunity

What is one of the most important factors in creating equality based on gender/sex? It is the individual. We are strongest when each person is willing to call out and to question unlawful behavior. 

The strength is magnified when you and I “check” ourselves. That means we are taking responsibility for identifying, and managing, our own implicit biases. That “self-check” is key to ensuring that we avoid enabling gender discrimination. 

America has laws that govern how we should act to support gender/sex equality. They include, but are not limited to:

·        Civil Rights Act of 1964: Title VII (Equal Employment Opportunities)[i]

·        The Equal Credit Opportunity Act[ii]

·        Fair Housing Act (FHA) [iii]

·        Equal Pay Act of 1963 (EPA) [iv]

·        Family and Medical Leave Act (FMLA)[v]

·        Pregnancy Discrimination Act [vi]

·        Title IX of the Education Amendments of 1972 [vii]

·        U.S. Code Title 42, Chapter 21 - Civil Rights [viii]

·        https://www.americanprogress.org/issues/women/reports/2020/01/29/479917/equal-rights-amendment-need-know/ [ix]

The existing laws in America need meaningful enforcement when there is a violation.[x][xi] Additionally, that should be complemented by avoidance. It is more efficient not to commit a violation. This approach preserves resources and maintains quality of life.

Avoidance starts with awareness. Be cognizant that laws exist. Understand the behavior that creates a violation (have a source to consult when uncertain). Check yourself, and where appropriate others, when interacting. Be empathetic and open in communicating if questionable actions occur. Create a space where you, and others, can “call out” to define what is acceptable clearly. Be empowered to educate, then to separate, those that choose not to behave lawfully.   

It is worth noting that one path to achieving gender/sex equality is the same as what we are proposing to address other forms of unlawful inequality. There are four fundamental components: 1) identifying and supporting existing laws; 2) new legislation to fill gaps; 3) robust and transparent enforcement of the law; and 4) data driven public-private partnership for oversight to ensure compliance and optimal results going forward. The model applies to gender inequality and component #1 is an example.

For decades two laws have journeyed to the cusp of ratification so that they may help America to be more equal: the Equal Rights Amendment (ERA) [xii] and the International Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) [xiii]. The ERA was recently approved by the State of Virginia. It has taken decades to reach this point. Virginia’s approval puts it in position to become a constitutional amendment if issues can be resolved. CEDAW originated with the United Nations. It was signed by the United States during President Carter’s Administration. Please look at the details if helpful. I will simply state that individually, and together, they add to the “safety net” provided by the rule of law – to make equality the default and implicit standard for all people – regardless of gender. Ratification will give renewed energy and relevance to the “letter and the spirit” of the United States Constitution.

Equality, and the ability to treat others as equals, is both innate and learned. Within each of us is a desire to be treated at least as good as anyone else…not less than. We learn how to interact with others based on role models, knowledge, and experiences. It is positive when the internal and learned behaviors are consistent with the law. If there is an inconsistency it is helpful to learn the lawful behavior. The learning may include coping skills – such as identifying and managing implicit biases and supporting individuals to make it a habit to do the right things. 

In addition to being the right thing to do as a matter of fairness, gender/sex equality is an essential foundation for good business. Data show that achieving equal pay, regardless of gender, could add $513 billion to the US economy and lift people out of poverty. [xiv] In concert there is information that failure to support equality now may risk $5 trillion of global domestic product. [xv] The wisdom of vigorously advancing this work is amplified when current domestic and global challenges are considered.

When I was growing up in Charlotte, NC I believed that women were superior. My then single mother was all powerful and amazing. I thought she knew all, especially when I was misbehaving. It seemed her presence was everyone at once. I would have sworn that the woman was all omnipotent – especially when delivering punishment for misdeeds. I had male role models in my many uncles. They were more than worthy of the respect I gave. Yet is was Mom that appeared to make things happen… bread winner…caregiver…extended family anchor…value enforcer…aspiration enabler. I attribute to her much of what I have been able to achieve. With that context, it was a pleasant surprise to learn that males were equal, as I matured. 

Take an honest, implicit bias free, look at your life. Can you find that the people important to you are anything less than equal based on their gender? I cannot. They are equal as a matter of law, of life, and of humanity. Let us do everything in our power to make that fundamental equality a matter of society too. 

Liberate each person from the burden of gender / sex bias. With that freedom comes a greater opportunity to focus on making the world a better place for all. 

[i] - protects individuals against …discrimination or harassment based on sex…

[ii] (ECOA) ECOA guarantees an equal opportunity to obtain credit… prohibits creditors from discriminating against credit applicants on the basis of sex….

[iii] The FHA prohibits discrimination in the sale, rental, and financing of housing based on sex….

[iv] The EPA requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female.

[v] The FMLA gives employees the right to take time off from work in order to care for a newborn (or recently adopted) child, or to look after an ill family member.

[vi] The Pregnancy Discrimination Act prohibits employment discrimination against female workers who are (or intend to become) pregnant….

[vii] Title IX prohibits sex discrimination in education programs that receive federal funds, to increase educational and athletic opportunities for females in schools and college.

[viii] Title 42, Chapter 21 of the U.S. Code prohibits discrimination against persons based on gender, age, disability, race, national origin, and religion (among other things) in a number of settings….

[ix] The Equal Rights Amendment: What You Need To Know…

[x] https://civilrights.findlaw.com/discrimination/gender-discrimination-applicable-laws.html ; Created by FindLaw's team of legal writers and editors | Last updated July 27, 2017

[xi] Civil Rights Act of 1964: Title VII (Equal Employment Opportunities) The Civil Rights Act of 1964 protects individuals against discrimination in many different areas. Title VII prohibits employee discrimination or harassment based on sex, race, color, religion, and national origin….

The Equal Credit Opportunity Act (ECOA) ECOA guarantees an equal opportunity to obtain credit and prohibits creditors from discriminating against credit applicants on the basis of sex, familal status, race, color, religion, national origin, age, or because an applicant receives income from a public assistance program.

Fair Housing Act (FHA) The FHA prohibits discrimination in the sale, rental, and financing of housing based on sex, familial status, race, color, national origin, religion, and disability.

Equal Pay Act of 1963 (EPA) The EPA requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female.

Family and Medical Leave Act (FMLA) The FMLA gives employees the right to take time off from work in order to care for a newborn (or recently adopted) child, or to look after an ill family member.

Pregnancy Discrimination Act The Pregnancy Discrimination Act prohibits employment discrimination against female workers who are (or intend to become) pregnant - including discrimination in hiring, failure to promote, and wrongful termination.

Title IX of the Education Amendments of 1972 Title IX prohibits sex discrimination in education programs that receive federal funds, to increase educational and athletic opportunities for females in schools and colleges nationwide.

U.S. Code Title 42, Chapter 21 - Civil Rights Title 42, Chapter 21 of the U.S. Code prohibits discrimination against persons based on gender, age, disability, race, national origin, and religion (among other things) in a number of settings including: education, employment, access to businesses and buildings, federal services, and more….

https://www.americanprogress.org/issues/women/reports/2020/01/29/479917/equal-rights-amendment-need-know/ ; The Equal Rights Amendment: What You Need To Know, By Robin Bleiweis January 29, 2020, 4:05 pm

[xiii] International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) – a United Nations treaty intended to bring equality to women around the world. But more than three decades after Jimmy Carter signed the treaty, the United States still stands out as one of a handful of countries that has not ratified it.

[xiv] https://iwpr.org/issue/employment-education-economic-change/pay-equity-discrimination/ ; Persistent pay inequality can have far-reaching economic consequences. According to a recent regression analysis of federal data by IWPR, equal pay would cut poverty among working women and their families by more than half and add $513 billion to the national economy.

[xv] https://www.theguardian.com/global-development/2020/jul/15/ignoring-effects-of-covid-19-on-women-could-cost-5tn-warns-melinda-gates ; “Even a four-year delay in programmes that promote gender equality, such as advancing women’s digital and financial inclusion, would wipe a potential $5tn (￡4tn) from global GDP by 2030.”