Understanding Gender in the Workplace Through a Historical Lens

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Meghan Scarlott, Nicole M. Elias & Maria J. D’Agostino
March 27, 2026

Introduction

On January 21, 2025, a presidential executive order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity eliminated certain DEI practices across federal agencies. The order argues that some DEI and DEIA policies may affect merit-based opportunity and workplace fairness. Other recent legal challenges, including lower court decisions questioning precedents established in Bostock v. Clayton County, have contributed to ongoing policy uncertainty regarding workplace protections for minority employees.

Gender representation and gender equity policies in public sector workplaces have been the subject of ongoing debate. Policy volatility may influence workplace culture, employee well-being and institutional accountability. Understanding how history informs contemporary workplace policy can help guide efforts to improve equity in public administration.

What History Shows

Throughout United States history, gender inequity has reappeared across court rulings, legislation and social movements. However, progress toward workplace equity has fluctuated over time. Historical patterns help reveal which policies have effectively supported women and LGBTQ+ employees and which have been less effective.

Workplace protection policy is one recurring theme. In 1964, Title VII of the Civil Rights Act established protections against employment discrimination based on sex and other characteristics and made sexual harassment illegal. Subsequent legal developments, including the Pregnancy Discrimination Act, Oncale v. Sundowner Offshore Services Inc., and Bostock v. Clayton County, expanded protections for women and LGBTQ+ employees. However, legal and policy challenges to these interpretations may influence how protections are applied in practice.

Another recurring theme involves the conditional nature of workforce participation. The Lanham Act of 1940 created the first federal childcare support programs for working women, helping many remain in the workforce after childbirth. Because childcare responsibilities continue to disproportionately affect women, these policies played an important role in supporting workforce retention.

The COVID-19 pandemic highlighted these challenges again. Limited childcare availability contributed to workforce exits among women, demonstrating how public policy directly shapes labor participation and employment stability.

Why History Matters: Policy and Administrative Implications

Understanding how gender equity progress has been accelerated or limited helps inform future workplace policy. Public sector agencies can strengthen equity by developing policies that address barriers faced by women and LGBTQ+ employees while considering intersectional experiences.

Agency-specific SOGIE (sexual orientation, gender identity and expression) policies can provide practical guidance for addressing workplace inclusion and protection. Including diverse voices in decision-making processes can also improve policy responsiveness to workforce needs.

Individual-level interventions matter as well. Employee resilience can be understood as “a capacity to continuously adapt and flourish, even in the face of challenge.” Employees can strengthen resilience by developing professional coping strategies that support career development and well-being. Collective advocacy and professional engagement can also help promote policies that support gender equity.

Looking forward, continued research is needed on factors that support employee resilience and workforce inclusion. Organizational leadership can help by supporting inclusive workplace policies and maintaining focus on workforce equity outcomes. Lessons from history can help public administrators and policymakers create more equitable and sustainable public sector workplaces.

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Authors: Meghan Scarlott is a Graduate Fellow with the Initiative for Gender Equity in the Public Sector. She is currently an M.Ed. Mental Health Counseling candidate at Teachers College, Columbia University. Dr. Maria D’Agostino and Dr. Nicole Elias are co-founders of the Initiative for Gender Equity in the Public Sector.

 

 

 

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