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Articles 1 - 20 of 20
Full-Text Articles in Law
Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars
Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars
Journal of Legislation
No abstract provided.
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
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 …
Class, Care, And The Equal Rights Amendment, Kate Andrias
Class, Care, And The Equal Rights Amendment, Kate Andrias
Faculty Scholarship
This piece was submitted in connection with the 2022 Symposium The Equal Rights Amendment: A New Guarantee of Sex Equality in the U.S. Constitution. The event was co-sponsored by the Columbia Journal of Gender and Law and the Columbia Law School ERA Project.
The End “Goal” To The U.S. Women’S Soccer Team Equal Pay Lawsuit: Proposing A Resolution For Gender Equality By Examining The Equal Pay Laws For Male And Female Sports, Veronica Adams
University of Miami Business Law Review
In March 2019, on International Women’s Day, 28 women on the U.S. Women’s Soccer Team filed a lawsuit against The U.S. Soccer Federation claiming gender discrimination, specifically in unequal payment between the men’s team and the women’s team. Players based the lawsuit on two grounds: (1) that U.S. Soccer violated the Equal Pay Act by paying the WNT less than the MNT; and (2) that the federation discriminated against the WNT under Title VII of the Civil Rights Act in regard to workplace conditions. The Federation claims that the men and women are paid equally and the discrepancy in pay …
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat
Journal of Race, Gender, and Ethnicity
No abstract provided.
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
Equal Work, Stephanie Bornstein
Equal Work, Stephanie Bornstein
UF Law Faculty Publications
Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …
You Haven't Come A Long Way, Baby: The Courts' Inability To Eliminate The Gender Gap Fifty-Two Years After The Passage Of The Equal Pay Act, Morgan A. Tufarolo
You Haven't Come A Long Way, Baby: The Courts' Inability To Eliminate The Gender Gap Fifty-Two Years After The Passage Of The Equal Pay Act, Morgan A. Tufarolo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Articles
Ever since the Supreme Court’s short-lived decision in Ledbetter v. Goodyear Tire Company, the equal pay movement has coalesced around the Paycheck Fairness Act as the legal reform strategy for addressing the gender wage gap. The centerpiece of the Act would tighten the Factor Other Than Sex defense (FOTS) to require the employer’s sex-neutral factor to be bona fide, job-related for the position in question, and consistent with business necessity. Even without the Paycheck Fairness Act, some recent lower court decisions have interpreted the existing Equal Pay Act to set limits on the nondiscriminatory factors that can satisfy the …
Women, Unions, And Negotiation, Nicole Buonocore Porter
Women, Unions, And Negotiation, Nicole Buonocore Porter
Nevada Law Journal
No abstract provided.
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Other Publications
No abstract provided.
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Deborah Thompson Eisenberg
The Equal Pay Act had a distinct market purpose. Congress made a policy choice to modify the existing compensation market so that employees who perform jobs requiring substantially “equal skill, effort, and responsibility” earn equal wages, regardless of sex. The Act aimed not simply to promote individual fairness, but to foster a more efficient, equitable wage market on a systemic level. Congress recognized that paying lower wages to women constituted “an unfair method of competition,” burdened “commerce and the free flow of goods in commerce,” and prevented the “maximum utilization of available labor resources.” Over time, however, the “market” in …
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Money, Sex, And Sunshine: A Market-Based Approach To Pay Discrimination, Deborah Thompson Eisenberg
Faculty Scholarship
The Equal Pay Act had a distinct market purpose. Congress made a policy choice to modify the existing compensation market so that employees who perform jobs requiring substantially “equal skill, effort, and responsibility” earn equal wages, regardless of sex. The Act aimed not simply to promote individual fairness, but to foster a more efficient, equitable wage market on a systemic level. Congress recognized that paying lower wages to women constituted “an unfair method of competition,” burdened “commerce and the free flow of goods in commerce,” and prevented the “maximum utilization of available labor resources.” Over time, however, the “market” in …
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Deborah Thompson Eisenberg
This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg
Faculty Scholarship
This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …
If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver
If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver
Michigan Law Review
Last spring, Jennifer and Richard graduated from the same law school with similar backgrounds. Both were offered associate positions with the same law firm and a $75,000 starting salary. Jennifer enthusiastically accepted the firm's offer, but Richard was hesitant. He informed the hiring partner that comparable firms in this area were paying new associates $80,000 per year. The partner offered Richard a starting salary of $80,000, which he accepted. Felicia and Harold manage similar departments for an e-commerce business. They have similar backgrounds, and have been with this firm for the same number of years. When Harold meets with the …
Women's Rights: Reframing The Issues For The Future, Ariana Dubler, Anika Rahman, Kathy Rodgers, Jane M. Spinak
Women's Rights: Reframing The Issues For The Future, Ariana Dubler, Anika Rahman, Kathy Rodgers, Jane M. Spinak
Faculty Scholarship
Good morning and welcome, everyone, to our panel on Women's Rights: Refraining the Issues for the Future. I am Kathy Rodgers. I'm from the class of 1973 of Columbia Law School, and I'm looking around this room – this is not what room A and B looked like back then! Everybody has a microphone, which is great, because we hope to have some good interactive discussion with all of you this morning.
I am also, in addition to being a Columbia Law alum, the president of NOW Legal Defense and Education Fund here in New York. For over thirty-two years, …
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough
University of Michigan Journal of Law Reform
In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …
An Observation About Comparable Worth, George Schatzki
An Observation About Comparable Worth, George Schatzki
Seattle University Law Review
The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …