Law and Gender Commons^™

More Than Fifty Years After The Enactment Of Federal Laws Forbidding Discrimination In Pay, The Wage Disparity Based On Sex Continues: Focusing On The Circuit Courts’ Differing Interpretations Of “Factors Other Than Sex”, Audrey K. Hurt

Mississippi College Law Review

The broad scope of this fourth affirmative defense available to employers under the EPA and Title VII allows for inconsistency in its interpretation and is responsible, at least in part, for the continued existence of wage discrimination. Without a prescribed means of application— specifically, a stricter means of application—employers are more readily absolved from liability under the FOTS defense. The best solution to this problem is for Congress to adopt a more stringent approach to the FOTS defense under the Equal Pay Act of 1963—an approach which would apply to Title VII, as well. However, with little headway being made …

Hidden Figures: Wage Inequity And Economic Insecurity For Black Women And Other Women Of Color, Cassandra Jones Havard

St. John's Law Review

(Excerpt)

One hundred years after women secured the right to vote, wage inequality remains prevalent in the United States. The gender wage gap, or pay inequity based solely on sex, arguably, is a measure of the current failure of full and equal participation by women in American society. The gender wage gap exists despite federal legislation designed to further wage equality. In fact, a difference as small as two cents over a lifetime costs a woman approximately $80,000. Currently, it is predicted that for a majority of white women, the pay parity will be attained between 2059–2069. However, Black women …