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Equal Rights Amendment and Its Implications for Business

BMGT 380 Business Law

The Equal Rights Amendment as proposed in 1923 was to specifically promote the equality of all persons regardless of gender. Arguments for and against use scary rhetoric to convince others that their side is the only option. The ratification of the ERA could diminish legal battles, as it would negate the traditional assumption that males hold rights and females must prove that they hold them. However, highly controversial and emotional issues such as abortion rights and gay right continue to cloud the overall intent of the Amendment. An Equal Rights Amendment would remove that differential assumption and shift the burden of proof to the alleged discriminator. The ERA while not creating a radical shift in most businesses, could affect industries and jobs that have been seen as traditionally male career fields including professional sports, the military and other highly physical or hazardous careers. Women would have the option to participate in these career fields and be subject to military conscription.

“The Equal Rights Amendment (ERA) was the most highly publicized and debated constitutional amendment before the United States for most of the 1970s and early 1980s.” (Answers.com, 2009) The Equal Rights Amendment (ERA) stated "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” (Alice Paul Institute n.d.) If ratified, the ERA would have become the Twenty-seventh Amendment to the Constitution. The ERA, originally drafted by Alice Paul, (National Woman's party), and was first introduced in Congress in 1923. However, no action was taken until “the National Organization for Women, founded in 1966, revived interest in it.” (Equal Rights Amendment- Further

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