Law Commons^™

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …

The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg

University of Michigan Journal of Law Reform

Collateral estoppel has been defined as "the facet of the doctrine of judicial finality that deals with a judgment's conclusive effect in a suit on another cause of action." It precludes relitigation of a previously decided issue when that same issue arises in the context of a subsequent suit based on a different claim.

Traditionally, a party seeking to assert collateral estoppel must establish three elements: (1) identity with an issue actually and necessarily litigated in the prior case, (2) mutuality of parties, that is, the same parties or their privies in the second case as in the first, and …

Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson

University of Michigan Journal of Law Reform

Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …