Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women's Lives at Work

by Gillian Thomas

“Meticulously researched and rewarding to read…Thomas is a gifted storyteller.” ― The New York Times Book Review Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America’s working women. Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job―and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard―a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting. These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex , dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip. Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.

Genres: Nonfiction, History, Feminism, Law, Womens, Politics, Audiobook

304 pages, Hardcover

First published March 8, 2016

Reviews

[Conor Ahern · Rating 5 out of 5]

I'm a bit biased because the author is my boss/mentor/friend, but this book is great.

I work in "women's rights" as a lawyer, so a lot of these cases are familiar to me, but this book does a masterful job of presenting the ins and outs of ten seminal Supreme Court cases in ways that even I found tremendously illuminating. Like the popular podcast "More Perfect," this book elucidates what went on behind the scenes--from personal life events, quirky coincidences, and disturbingly biased Justices. It's amazing how thoroughly our legal system is shaped by chance happenings and caprices, and this book catalogs this phenomenon in rich detail.

[Leah K · Rating 4 out of 5]

In 1964 Title VII was put into law to stop employers from discriminating against employees based off race, religion, national origin, color, or sex. A huge step but not one that changed overnight, or really even today.

This book, as made obvious in the title, focuses on the sex part of this. Not only does it discuss the law but also 10 landmark cases ranging from 1971-2015(!) where women stood their ground and said "Wait, this isn't right!". An interesting book. But so much to go through and a lot to absorb. There were so many names and some of the cases just start to blend together in my reading. But if you have interest in women's rights, this is a good one to get into. But not for light reading!

[Nan · Rating 4 out of 5]

It seems strangely fitting that I finished this book on May 1, 2022, one day before Politico published a draft of Alito's decision that would decimate Roe v. Wade.

This book does not explicitly deal with Roe; instead, it focuses on Title VII of the 1964 Civil Rights Act, which made it illegal to discriminate “because of sex.”

The ten cases Thomas chose are, by turns, chilling or inspiring. Thomas approaches each case with the same steps: outlining the initial events that lead to a lawsuit, the plaintiff's search for legal counsel, the legal argument to invoke Title VII in the suit, the initial lawsuits and appeals, and finally the process of taking the case through the Supreme Court of the United States (SCOTUS). I would have liked to see more detail, which is why I marked this review as 4 starts rather than 5. That said, I'm an academic, and my tolerance for detail is above the norm. Your milage may vary.

The cases themselves are fascinating. In one, women fight against height and weight restrictions that prevent them from being hired to work as prison guards or state troopers. In another case, women resist paying higher pension contributions (justified because women live longer, of course). One case decides that sexual harassment creates a hostile environment that no worker should have to tolerate. (I've highlighted one note from that case that I found compelling. Clarence Thomas dissented on the case when it was before him at the Federal Appeals Court. Joining him in the dissent were Antonin Scalia and Kenneth Starr...). The final chapter is dedicated to a case that feels especially compelling.

A woman working as a driver for UPS was pregnant. They asked her what work restrictions she needed. She was healthy, and neither she nor her midwife felt she needed restrictions. However, because UPS had asked for them, the midwife said "no lifting over 20 lbs." The woman was placed on unpaid leave. UPS had systems in place for "light duty," or should the person be unable to work, paid time off. However, pregnancy was excluded as a reason for them. The woman took her case all the way to the Supreme Court, and she won. If an employer offers light duty or paid time off, pregnancy is now considered a valid reason to access those benefits.

That case was argued at SCOTUS by Sam Bagenstos. He was the Democratic nominee for the Michigan Supreme Court in 2018 and lost.

That final case feels like a kick in the teeth right now, after Alito's draft decision, because it's a reminder that not all jobs are required to offer light duty or paid time off for pregnancy-related reasons because they don't offer them for any reason. As we look ahead to an environment after Roe, it's worth considering how many more people who can become pregnant work outside of the home now as compared to the days before abortion was legal. The difference in numbers is staggering. With the potential inability to end a pregnancy, the disruptions to a work environment have the potential to be huge. And before anyone says "oh, just use birth control!" that right was established in Griswold v. Connecticut, and it's on the list of cases that activists want to overturn.

[Jennifer Mangler · Rating 3 out of 5]

Learning more about each of these cases was a deeply infuriating experience. It also made me appreciate the brave women who stood up, not only for themselves, but for all women, and created a better - though not perfect - world that so many of us take for granted.

[Jeanne · Rating 4 out of 5]

It is so frustrating to read about hard fought legal cases from 50 years ago because these same rights are again being questioned and taken away by the Patriarchy.

[Cara Putman · Rating 4 out of 5]

I used this book in a class with undergraduate students. It gave great context for ten landmark Supreme Court cases.

[Meg · Rating 5 out of 5]

We stand on the shoulders of giants. These women went through hell before getting their cases to the Supreme Court, and we owe them so much.

[Fred · Rating 5 out of 5]

Late in the debate over the Civil Rights Act of 1964, Representative Howard Smith, a firm opponent of the bill, added the word "sex" to the prohibitions against discrimination in employment so that the bill read “because of . . . race, color, religion, sex, or national origins." This addition came only two days before the bill’s passage in the House, without prior hearing or debate. He believed that
his amendment “[would] do some good for the minority sex.”

Well, thanks to Ms Thomas' astonishingly well researched and clearly written book, we now have an understanding of how little prepared the courts were for legal challenges on the meaning of "because of sex" and how the interpretations of Title VII opened opportunities for women that were hitherto unavailable, yet today are considered the norm.

This is an invaluable book for almost everyone and I enthusiastically recommend it.

[Elissa Eastvedt · Rating 5 out of 5]

Wow. Just, wow. I expected this book to be a dry, prosaic read, but instead it was engaging all the way through. I take so much for granted and am a bit ashamed to learn how oblivious I have been to major stuff happening right under my nose during my lifetime. No wonder so many women in my mother's generation are aggravated at women in my generation and younger for not properly respecting/understanding the fight for equal rights for women. After reading this book, I can even understand the sentiment that women need to vote for HR Clinton regardless of what they think of her politics. (I don't agree, but now at least I think I get where those who DO are coming from, and I now think differently about the role of the first female US president, whoever that may turn out to be.)

[Jill · Rating 4 out of 5]

Features what's usually missing (and most interesting) in law school treatment of civil liberties - the actual parties behind the cases. The random explanations of legal concepts are a little annoying but probably makes this more accessible to non-legal audiences. Interesting to see how far women in workplace have come and liked how epilogue highlighted potential future areas of development. Would have liked a little more of author's viewpoint- is fairly matter of fact.

[Jeanne · Rating 4 out of 5]

From the book jacket "...through first-person accounts and vivid narrative "Because of Sex" tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever..."

Readable, informative, a reminder hard work is still needed to keep the law moving...ever forward.

[Carley · Rating 4 out of 5]

Great book! I would recommend this to anyone; don't want to discriminate. Very informative and for the most part enjoyable to read, some dry sections that perhaps could have been given a reworking. I learned a lot reading this book and it altered my perspective. Thank you, Ms. Thomas!

[Kathleen Coughlin · Rating 4 out of 5]

This collection of case histories is one that most every American working woman should read to remember how far we have come toward equality in the workplace and how far we still have to go especially for our blue-collar sisters.

[CalmPalm · Rating 5 out of 5]

Excellent review of some of the less famous cases that made up the modern workplace regulations on sexual harassment and discrimination. You really get a sense of how bad things were and how much work went into achieving these rights. I highly recommend reading this book.

[Lisa · Rating 5 out of 5]

Well written and informative

This overview of the cases related to gender based discrimination was entertaining and informative. With each chapter focusing on one case - the flow is easy to stick with - and avoiding the repetition common in other books of this type.

[Jennifer · Rating 4 out of 5]

Wow. Women 50 and under will not believe what our foremothers went through in the workplace. A good read for those interested in women's rights and legal history. Warning. Somewhat dense and filled with legal complexity not familiar to the average reader, although they are explained well.

[Jana · Rating 2 out of 5]

I really like the topic of this book, but I found the writing style particularly hard to get into. It seemed very dry to me, almost like textbook reading rather than a more traditional nonfiction book. That said, these are important stories and I'm glad they're being told!

[Rosemary A. · Rating 4 out of 5]

Read it if you have followed all these cases. But more so read it if you didn't follow these cases.

[Martin Doudoroff · Rating 4 out of 5]

Straightforward, efficient and engaging history of the major victories over sex discrimination in SCOTUS.

[Char Freund · Rating 4 out of 5]

7/10
Background: Our neighborhood has a free, small community library where we share donated books. During CoVid the Clubhouse has a limit on those permitted inside each room at a time. Only two in library. I noticed someone waiting in the hall so hurriedly picked up this book thinking it was “On the Basis of Sex” about RBG. So I read through the forward and first case study before realizing it was not about Ruth Bader Ginsberg but 10 case studies that tested Title VII that added sex in prohibiting discrimination “on the basis of race, color, religion, sex, and national origin”.

The book is definitely a special interest genre; in this case it would be history, law, or women studies. As I enjoy all of those areas, I did continue reading the book and found it interesting and enlightening. I am in my late 60s so remember living some of the examples that were later proven to be discriminatory. I had a paper route from ages 11 to 16 but it had to be in my brother’s name despite him being six years younger. I was asked if and when I was having children at job and promotion interviews. My first credit card was in my husband’s name despite my earning more. And let’s not even talk sexual harassment as a nurse in a male MD world where nurses had to stand to greet doctors and give up our chairs for them. When I was 8 1/2 months pregnant a doctor who thought it was disgusting for pregnant women to work demanded I carry all 30 of his charts as we did rounds (nurses give updates on patients and then write report and orders on the charts...you don’t think docs did their own writing, do you?). I was reported to the director of nursing for insubordination when I creatively placed the charts on a chair with wheels and pushed it room to room. And as in one of the cases in the book I was written up because being assertive was not ladylike when I asked why male orderlies made more money than female nurses aides (a job I had to pay for nursing school).

So in the end I did enjoy the book. Each test case was a chapter so it made it easy to read one case each day. The cases were logically presented and legalese was kept to a minimum or explained in simple terms. I knew of a few cases while they were happening but was too busy living work and motherhood to realize until later that each of these women has made my life and that of all women easier or at least easier to obtain justice if discrimination is experienced.

Not everyone in a general book club would enjoy this selection but it would make interesting discussion in a current events or women studies group.

[Angela · Rating 4 out of 5]

This book has everything I love - history, social justice and activism, law, women's rights. It's very accessible - anyone will enjoy it and you don't need a law degree to be able to easily follow along. There are some really interesting gems in here that anyone who cares about equality should know about. I especially liked reading about how the wins coincided or built upon each other as the years went on; and the occasional moment where major players from different chapters (attorneys, plaintiffs, etc.) overlapped or showed up again later.

The structure becomes a bit repetitive after the sixth or so case: a brief 2 or 3 page introduction to the working woman who eventually becomes the plaintiff and the time period she's in, the lead-up to the lawsuit, uncertainty and discrepancy among the lower courts or determination on the part of her company to keep filing appeals, and finally the win at the Supreme Court. It wasn't a big complaint of mine but worth noting for the more restless among us.

I love nonfiction and I find that the best kind of nonfiction reads like fiction. You become immersed in the characters, you feel like you're there in real time. But I feel like the author had so much to cover in this book, it was hard to give a lot of personality to any of the main characters. Had she done so, it might have made for more memorable storytelling but it also would have quickly doubled the length of the book and probably made it harder for people to commit to reading it. (Although I still happily would have done so!) So I understand the approach she takes with the goal of educating the reader about the ten most significant SCOTUS cases related to Title VII over the span of about 40 years.

It would have been interesting to see her do an update on this after the Bostock decision was released just a few years later after the book was published, by our current conservative court, affirming at the highest level that LGBTQ+ discrimination is a form of sex discrimination! Overall I highly recommend and I am grateful that this book exists!

[NCHS Library]

From Follett: Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America?s working women. Title VII of the law made it illegal to discriminate ?because of sex.? But that simple phrase didn?t mean much until ordinary women began using the law to get justice on the job?and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard?a ?man?s job?; Mechelle Vinson, who brought a lawsuit for sexual abuse before ?sexual harassment? even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school?; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting. These unsung heroines? victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a ?Mad Men? world where women could only hope to play supporting roles; where sexual harassment was ?just the way things are?; and where pregnancy meant getting a pink slip.Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.

[Nancy · Rating 5 out of 5]

"Because of Sex" is a lively, people-oriented discussion of the evolution of the US Supreme Court's interpretation of the 1964 Civil Rights Act with respect to its protection of women at work. . The women at the center of these cases were diverse: one left school at 15, another had a graduate degree; some were White, some Black; some were pregnant or had preschool children; others were intentionally childless. What they had in common was being victimized by discrimination and/or harassment at work

The #MeToo campaign makes it clear that there is still a lot of work to be done to protect women at work. Women need to know how to seek help when harassed or discriminated against. Equally important is changing the culture that tends to blame and doubt the victim while excusing the man who takes advantage of his position of power.

Reading this book is a good place for any woman to start learning when and how to stand up for herself. Unfortunately, far too many work places do not have adequate support for victimized women, even today. Seeking help and support outside of the workplace may be needed.

Although not the subject of this book, Because of Sex does briefly mention how the law can apply to men as well.

[Kelly H · Rating 5 out of 5]

I felt a lot of things reading this - sadness, pride, and awe, especially. The tenacity of these plaintiffs paved the way for women like me to move through the world of work. I have personally experienced sex stereotyping as a working woman and attorney (“try being softer and ‘less combative’” in so many other words from a female colleague). Our strength is in defying those stereotypes and in being assertive. I teared up at a few points because of how high the personal costs were for these women from all walks of life and all professions. This also really made me critically think about my role as an attorney who works in employer defense as part of my practice. Gillian Thomas’ writing was perfect: understated but cutting, and really highlighted the experiences of these strong women who have transformed the legal landscape in regard to Title VII sex discrimination and sexual harassment, along with their harrowing journeys navigating hostile, unforgiving workplaces dominated by men with outmoded and vicious attitudes. One thing I will never forget: to continuously honor this legacy, and be grateful for their advocacy at such high personal costs. We can all learn from these brave women.

[Hannah · Rating 3 out of 5]

It's striking to me that the majority of the cases narrated in this book were decided when my own mom was of working age. The legal infrastructure protecting against discrimination because of sex still has its scaffolding.

It was also interesting to have to have read this so soon after I reread The Handmaid's Tale. Atwood's novel was published in 1986, while the Johnson Controls Inc. case - which concerned whether any woman ''with childbearing capacity'' could be barred from certain jobs - was making its way to the Supreme Court. "Fetal protection" - or at least what it entailed in the Johnson case - sounds like something Gilead would be all over. I'm not saying I think The Handmaid's Tale is at all a realistic future then or now, but I can see how Atwood got there, especially considering the hostile rhetoric many courts had re: female workers' claims of sex discrimination.

I didn't love the author's soliloquy about sex-adjacent discrimination and her advocacy for certain congressional solutions in the last chapter. But overall, an engaging read.

[John · Rating 4 out of 5]

One would not expect a book about Title VII litigation to be at all compelling— useful and informative, maybe, but not fun to read. Thomas achieves this by bringing in just enough biographical detail of the women involved in the lawsuits to make each case into a story, but not so much that she ever loses the focus on the the legal issues at stake. Title VII cases also tend to get into the weeds very quickly, involving all kinds of questions of definition and legal tests, but Thomas also manages to explain everything clearly and succinctly, as well as maintain a through-line that shows how each case builds on earlier ones.

[Jennifer · Rating 5 out of 5]

I learned so much about the cases, and the women, that had such a huge impact on the workplace today. This was a highly enjoyable, readable and knowledgeable book about the ten cases that were tried and succeeded in helping women start the journey towards true equality in the workforce. Our journey isn't complete, but it helps to take the time to learn about where it all started. Highly recommended for women's studies, history of Title VII, workplace culture and women's history. Not to mention significant Supreme Court cases.

[Kati · Rating 5 out of 5]

Behind every Supreme Court case is a story. With these ten cases, you learn the story of how it originated and the change it created for women in the decades to follow (and cases to follow). I think the best part was although many of the plaintiffs faced extreme hardship because of the injustice they endured, they all were still proud of their efforts and didn’t regret their legal actions because it precipitated a greater good. And all of them were regular everyday people making a difference. All very courageous and inspiring.

[Cara · Rating 5 out of 5]

Should be required reading for anyone working in compliance or employment law. This book fills quite a gap created by traditional legal education—telling the stories of cases from the point of view of the women discriminated against who stood up and fought back, at significant cost, and the lawyers who fought for them, despite the unlikelihood of success or, even, payment, instead of crediting the advancements to the male judges and justices who heard their case. And easy to read. Thomas IS a gifted storyteller, as The NY Times Book Review says.

[Chelsea · Rating 5 out of 5]

Every American woman in the workplace should read this work, whether they have a legal background or not. The work is written with plain meaning; anyone should be able to read and understand how the author broke down the cases. This work is a perfect illustration of how far women in the workplace have come, but also, how far we still have to go. Highly recommended to anyone who have an interest in (American) women's rights.