Gender and Sexuality Theories and Laws: A Deep Understanding
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This report provides a deep understanding of gender, sexuality, and the theories and laws related to them. It discusses feminist theory and standpoint theory, and explores the everyday experiences of discrimination. The report also presents real-life examples of gender discrimination in the workplace.
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Table of Contents INTRODUCTION...........................................................................................................................1 MAIN BODY...................................................................................................................................1 Presenting two theories which are discussed in the context of gender and sexuality............1 Presenting examples of everyday experience using secondary material................................4 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Laws and legislation helps people to live in the society happily and also present their views clearly to others. Moreover, the current report also provide a deep understanding on gender, sexuality and how womendeal with every situation. Further, the entire study is depend upon the everyday life experience and the theoretical perspective of different experience related to gender and sexuality. Or that the report will describing different theories related to gender and sexuality with variety of laws that are actually formulated in order to address the issues. Further, the current report also provide range of examples using variety of secondary resources. MAIN BODY Presenting two theories which are discussed in the context of gender and sexuality Gender theory is an examination of different behaviors of people in a society and also stated how the features of male and female are maintained from other members who belongs to different culture. While on the other side, sex refers to the categories of biological human body i.e. male and female, also, gender refers to categories of social expectation, roles and behavior. It is quire common that every workers faces many issues related to gender and sex, which affect their overall life experience (Shakhsari,2020). Moreover, there are many theories which highlights and aware people to never discriminated people on the basis of gender and social beliefs. These theories are : Feminist theory: It is one of the most common theory whichanalyze differences accompanying to gender. Along with this, theory also use the conflictmethods in order to analyze upkeep of sex function and difference.Thus, radical feminism is concern with the role of the household in carry on male control.Such that there are many societies where men's contribution is consider most important and valuable as compared to women. Even it is the belief that men have more responsibilities as compared to women that is why, most of the company also prefer to pay high amount to men as compared to women (Delatolla, 2020). Moreover, as Patriarchy means the set of institutional structure which aresupported the notion that male and female are in uneven class,but actually it is not. The belief behind this is the difference thatjustifies a sex section of cultural character and inequality with reference to rewards, cognition and perspective. That is why, due to patriarchal perspective and arrangement women view point is actually incline to be suppressed to the point of being dishonored in a society. Therefore, it is analyzed 1
that most of the women feel low because their work is consider best only because of old thinking i.e. Patriarchy. On the others side, it is critically evaluated thatin society, male are not feel discriminated as women feelas well as in working environment (Masterson, Rabinowitz and Robson, 2018). This is only experienced by women only and there are many places where most of the women discriminated on the basis of gender and company also play low salary as compared to men. Standpoint theory: This theory is introduced by Dorothy Smith's and consider the key of innovation which helps these issues to overcome in easy manner by examining each and every position in life. Author also recognized from the encounter groups which is actually initiated by feminist who have many concern related to their personal lives and professional lives. On the other side, Smith also observe that women'splace in recent social groupis actually divide becauseof old perception within a society(Theories related to gender and sex,2020). It is so because when women have to crosses variety of lines in everyday such that they have particular work related to children, spouse an household. Through this theory, Smith also present variety of point related to the women lifestyle and thus, observe that from 18thCentury, there are many situations where women are discriminated and it can be society, working place etc. As per the view ofLoudd (2020)the theoretical perspective on gender examine that people do not need to determine woman's experience in the workforce. Rather than, manager and employees must understand the intersectionality and how a particularindividual's content is influenced by group, gender and time of life. In the same way, the structural functionalist also look at the value and norms which alsoform society belief of occurrence in the personnel and how the implanted belief and standard strengthen the division of work.Even after the World War II, it is examine that range of women entered into working but they were paid less only because of patriarchy thinking. That time, the values are actually supported by people but when women started to jointly request on equivalent wage for equivalent production,that time many norms were passes and this in turn keep changing the era. On the other side, in the context of theoretical perspective of sex,Hsiao and et.al., (2020) stated that when it comes to gender, functionalist mainly emphasis the grandness of control sexual conductin order to make sure about family stability. Moreover, structural functionality 2
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also identifies that family unit is consider animportant element in social group,where they actually centering on family in order to ensure about family preservation.Roche and Maury (2020)also argued that there are different social norms surrounding the family life and this in turn also encourage the sexual activity and also discourage activity outside of it. In the similar way, from the functionalist point of view, it is analyzed that homosexuality cannot be promoted on the large scale because it is not accepted by others. Moreover, this criticism is also not favored by the society and thejudicial adoption of same gender marriage,but on the other side, in the current time, there are many laws which are also supported the same sex marriage. Thus, this in turn also assist to promote people to live their life happily. Thus, Queer theory which is anknowledge base concept of sexual studies that also focus on physical structure of gender, sex recognition and sexual attitude. This theory alsoentail the necessity for a more negotiable formulation of gender(Alexandrowicz, 2020). Thus, it is analyzed that there are many quality of gender, sex and sexualitywithin a society and even in the working area as well. But there is a need to deeply think about these issues so that it will help to provide positive impact upon women. In addition to this, it is also analyzed through interactionist that likely to analyze how meaning is make in social action and even how the significant is also translated into pay difference.People also think that when a women who display some behavior which is generally conceived as an appropriate for leadershipstrength to be detected as “bossy” and challenging to business.While on the other side, the same behavior is reflected by men then they are consider as a best fit for an organization as a leader (Ormrod, 2020). Therefore, this type of thinking lead people to wrong direction and it is not true that women cannot do the same work which men perform. On contrary, everyday there are many experience which women faces and feel as a discriminated. That is why, to overcome such issues, it is also examine that there are many norms, laws and regulations are drawn that helps to change thinking of people. These laws are as mention: Sex discrimination Act, 1975:In order to response gender inequality, this law is framed thatdefend man-to-man from being distinguish against in occupation,vocational training and education sector. This law also helps to protect both male and female from discrimination on the physical object of any marital status or sex. Thus, current law is also amended and then it is also applicable for transexual people as well (Masterson, Rabinowitz and Robson, 2018). Thus, it is 3
not applicable only for working area but it is also provide protection to all areas of UK, where no one can discriminated person on the basis ofsex and married state. Equality Act, 2006:This enactment is actually a substance to Equality Act, 2010 which actually combine all equivalence enactment within Great Britain and thenproceed for protection as well.This law mainly work to prevent the person to be discriminated from the working area. Such that if person state that they are physical disable or mental impairment then they posses an ability perform all day to day activities without any discrimination. On the other side, this act also provide right to all women that they must be treated same within a working environment as men treated. This clearly reflected that the law assist the variety of people and also strengthening protection in any situation. This law also replaces previous anti- discrimination law so that it will help people of UK to clearly understand the things in better manner and apply for the same as well. Equal Pay Act, 2010:It is an act which is also introduce by government of UK which prohibits less number of treatment between men and women. This act mainly focus to pay equal amount to both men and women when they perform same level of duties within a working environment (Daniels, 2016). Thus, it is not only apply for salary but it also for all the contractual terms and conditions of employmenti.e. holiday entitlement, bonus, different pay and reward schemes etc. Therefore, it helps to maintain a balance between both and if organization discriminate them then they have to pay huge among as a compensation. That is why, every company must comply with this laws and also treat all at equal level. On the other side, there are many authorities are hire that keep monitoring discriminated issues in UK. Such that Equality and Human Rights Commission is a non- departmentalopen assemblagewhich is actually responsible for thepublicity and social controlof all anti- discrimination and equalitylegislationespecially in England, Scotland and Wales. This authority was established after introducing Equality Act. Further, a National Human Rights Institution also seek to promote as well as protect human rights in UK that helps to minimize the gender and sexuality within a working place. Presenting examples of everyday experience using secondary material In 2009, when a women applied for subordinate driver post in St. Petersburg Subway system but she is rejected because the legal document forbid female from keepingjob. 4
But she never loose hopes and as a result, she challenge this inassembly related to gender discrimination, but unfortunately, Supreme Court disapproved her statement. Thus, this shows that there are many more cities where employers did not recruit women because they did not think that it is best suited for the vacant position (Example related to gender discrimination,2020). That is why, it directly creates negative affect upon them which in turn affect their future performance as well. A job advertisement is published in newspaper related to vacant post of Salesman, a lade see the advertisement and contact a person because she think that she is best fit for this post. But unfortunately, owner said that they require only male candidate and women are not made for thispost. Thus, it isclearlyreflectedthat itis the case of direct discrimination and even no-one have a right to discriminate the person on the basis of gender. Therefore, this is a common example, and many women also face the same issues while applying for a new job. On the other side, Marks and Spencer which is a top international company which also approved that company pay low amount to their female worker as compared to male worker and i.e. 12.3%.Such that the company also have approximately 72% female and 28% male which also reflect that company did not discriminated person on the basis of any gender, caste and religion (M&S admits to 12.3% gender pay gap,2018). Therefore, report also shows that company have more numberof female than malewhokeep their role as apart timewhich is a key cause that contribute to gap. On the other side, only 54% of allmale are employed for M&S do part time as comparison to77% of female worker. Another top multinational company which also face an issue of age and gender claim after cut pay for night and weekend working for some of its longest serving employees. In detail, there was a group of 17 members who work at Tesco before 5thJuly, 1999 but company cut wages and that is why, group take a legal action. Therefore, this in turn Tesco is facing highest equal pay claim which could be cost the supermarket giant up to 4 billion pound (TESCO faces age and gender discrimination claim,2020). Therefore, it is consider as a discrimination because company cut the wages of employees due to night shift and this in turn also affect the overall business environment in negative way. 5
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Another latest exampleis of Microsoft, where a female worker case against the firm and also filed 238 complaints from 2010 to 2016. among all the complaints, around 108 are related to molestation and 119 is to sex distinguish. Thus,she claim that company owner promoted number of male employees but never promoted female(Corporate sued for Discrimination against women and men,2020).Therefore, it is clearly reflected that women working in a top company also faces issues related to gender discrimination and thus it also turn to affect the image of business in negative manner. In 2012, two famous laboratories i.e. Quest Diagnostics and AmeriPath also been litigate by federal court for discrimination against female employees then men. As a result, without any proof, company accept their mistake and also united to give $152 million to approx 5 thousand present-day and formal female worker.Thus, it also reflected that female files right case against company and also a firm is ready to spend millions to developing new policies related to discrimination as well. As per the old tradition, in many companies owner did not hire women because they think that they are not best fit for the position. Moreover, this old thinking leads their business in opposite direction. On the other side, there are many other company who also did not pay equal amount to male and female, even their job position is same. Thus, these all reflect negative experience upon the performance of employees too. CONCLUSION By summing up above it has been concluded that from last century to this, changes occurred and government also take range of initiatives in order to minimize the issue of gender and sexuality within societies and business. Such that report concluded range of theories that describe the perception of people for men and women, but unfortunately it is wrong and that is why, there is a need to take steps by introducing laws and legislation related to gender and sexuality which assist people to live happily. Further, report also concluded range of experience which people faces related to gender and sex discriminationfrom last many years which also shows that there are many areas where people are still discriminated and also pay huge amount as a penalty. 6
REFERENCES Books and Journals Alexandrowicz, C., 2020.Acting Queer: Gender Dissidence and the Subversion of Realism. Springer Nature. Daniels, J., 2016.White lies: Race, class, gender and sexuality in white supremacist discourse. Routledge. Delatolla, A., 2020. Sexuality as a Standard of Civilization: Historicizing (Homo) Colonial Intersections of Race, Gender, and Class.International Studies Quarterly. Hsiao, A. and et.al., 2020. Organizational Ethnic Diversity’s Influence on Hotel Employees’ Satisfaction, Commitment, and Turnover Intention: Gender’s Moderating Role.Journal of Hospitality & Tourism Research.44(1).pp.76-108. Loudd,G.A.,2020.FEMINISTSTANDPOINTTHEORYANDWOMEN’S SEXUALITY.Black Americans in Higher Education: Africana Studies: A Review of Social Science Research.8.p.77. Masterson, M., Rabinowitz, N. S. and Robson, J. eds., 2018.Sex in Antiquity: Exploring Gender and Sexuality in the Ancient World. Routledge. Ormrod,J., 2020.WonderWoman: TheFemaleBodyandPopularCulture. Bloomsbury Publishing. Roche, D. and Maury, C. eds., 2020.Women Who Kill: Gender and Sexuality in Film and Series of the Post-Feminist Era. Bloomsbury Publishing. Roche, D. and Maury, C. eds., 2020.Women Who Kill: Gender and Sexuality in Film and Series of the Post-Feminist Era. Bloomsbury Publishing. Shakhsari,S.,2020.PoliticsofRightfulKilling:CivilSociety,Gender,andSexualityin Weblogistan. Duke University Press. Online Corporate sued for Discrimination against women and men. 2020. [Online]. Available through: <https://www.thebalancecareers.com/gender-discrimination-against-women-and-men- 3515719>. Examplerelatedtogenderdiscrimination.2020.[Online].Availablethrough: <https://www.cgdev.org/blog/what-laws-matter-most-entrenching-gender-inequality- worldwide>. M&Sadmitsto12.3%genderpaygap.2018.[Online].Availablethrough: <https://www.independent.co.uk/news/business/news/marks-and-spencer-gender-pay-gap- staff-reporting-women-less-men-a8230751.html>. TESCOfacesageandgenderdiscriminationclaim.2020.[Online].Availablethrough: <https://www.lexology.com/library/detail.aspx?g=376a55dc-c5c4-40d2-a6b1- fc652b0144df>. Theoriesrelatedtogenderandsex.2020.[Online].Availablethrough: <https://courses.lumenlearning.com/wmopen-introtosociology/chapter/theories-of-gender- and-sex/>. 7