Paid Family Leave Equity History

Over the last 125 years, the American approach to child care has significantly altered, with the goals and values of child care policies shifting according to the perceived identity—particularly the racial identity—of mothers receiving aid. As such, the availability and generosity of financial support for care have been consistently set according to subjective judgments of “deservingness;” this judgement in turn serves to justify the inadequate subsidy system families with low incomes, particularly families of color, still experience today.

Our historical analysis illustrates the throughlines from our country’s earliest child care policies to today’s subsidy systems, with a particular focus on the racial equity of policy design and implementation over time. In doing so, we identified two key themes that have contributed to the current inequities in subsidized care:

Despite the ever-changing and often disjointed policy landscape, reforms have continuously built on preceding policies, thereby perpetuating harmful assumptions about the character and needs of recipients.

1962

Public Welfare Amendments

The Public Welfare Amendments of 1962 introduced the most comprehensive overhaul of welfare and child care since its creation. Addressing long-standing concerns that ADC encouraged single-parent homes, the Public Welfare Amendments of 1962 retitled ADC as the Aid to Families with Dependent Children (AFDC) and extended benefits to married, two-parent families with one unemployed parent to emphasize the traditional family unit and promote marriage. In response to increased eligibility, particularly Black families’ eligibility, the Amendments also established the first welfare-to-work program, the Community Work and Training (CWT) program; this marked a distinct shift in AFDC priorities from in-home caregiving support (with recipients imagined as White) to out-of-home child care provisions to support workforce participation (with recipients imagined as Black).

The attempts to exclude non-White recipients and, if included, limit the generosity of aid, creates unique, inequitable barriers for families of color while also undermining the foundation of the subsidized care system for all families with low incomes.

Read the full historical analysis 

1962

1865 – 1913

Post Civil War and Turn of the 20th Century

After the legal system of chattel slavery ended, states and institutions used segregation, racist pseudo-science, intimidation, and violence to maintain a racial caste system. The federal government also forcibly removed many Native American children from their families and placed them in boarding schools. At the same time, the medical field propagated untrue ideas about differences by race and class related to the need for postpartum recovery.
1865 – 1913

1914 – 1920s

World War I and the Progressive Era

The Progressive Era in the early twentieth century was defined by the labor and women’s movements, which worked to build political power for historically excluded groups and reform exploitative or exclusionary systems. However, institutional racism within these movements meant that political power (and benefits) remained concentrated within White constituencies.

1914 – 1920s

1930s

The Great Depression and the New Deal

Black workers were “first fired and last hired” when unemployment spiked during the Great Depression. Worker protections codified in the Social Security and National Labor Relations Acts of 1935 and the Fair Labor Standards Act of 1938 excluded occupations in which Black workers were concentrated.

1930s

1940s – 1950s

World War II & Postwar Period

World War II left many new mothers separated from their spouses and extended families and drew many mothers into the workforce. Supports for these parents expanded during the war and quickly contracted when it was over. After the war, wealth transfers such as the G.I. Bill were largely limited to White, middle-class families, widening the racial wealth gap.

1940s – 1950s

1960s – 1970s

The Civil Rights Movement and a Changing Workforce

This period saw dramatic increases in labor force participation by Black and White women. Due to discrimination, however, gains in college going, professional degree attainment, and higher-wage professional jobs were greatest for White women. The Pregnancy Discrimination Act (PDA) of 1978 barred pregnancy discrimination in all states, and extended protections for unpaid medical leave for pregnant and postpartum people in five states with existing Temporary Disability Insurance (TDI) programs.

1960s – 1970s

1980s – 1990s

Welfare Reform and the Evolution of FMLA

As women’s labor force participation continued to rise, interest in the intersection of work and caregiving responsibilities also increased. The Family Medical Leave Act of 1993 offered the first federal protections for parents with a new child to take unpaid leave. However, restrictive eligibility criteria left workers who were disproportionately people of color unprotected.

1980s – 1990s

2000s – Present

Paid Family Leave in the 21st Century

In the 21st century, new paid family leave policies at the state level and for federal employees suggest the start of a new era for American families. Due to occupational segregation and a patchwork of state policies, workers of color are still more likely to work in unstable or part-time jobs and therefore least likely to receive job-protected, paid leave following a birth, adoption, or foster placement.
2000s – Present