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Salary History And Pay Parity, Jennifer Safstrom
Salary History And Pay Parity, Jennifer Safstrom
Vanderbilt Law School Faculty Publications
Inquiries about a prospective applicant's salary history are controversial because of the role such inequities play in the broader gender pay equity debate. The use of prior salary to determine compensation can perpetuate pay discrimination for women, especially women of color, and lock them into cycles of underpayment when these inequities are carried over from job to job. Reliance on salary history perpetuates historical discrimination and is antithetical to the language and purpose of Title VII and the Equal Pay Act. The purpose of this paper is to critically analyze the legal reasoning relied upon to interpret these laws, especially …
How The First Forty Years Of Circuit Precedent Got Title Vii's Sex Discrimination Provision Wrong, Jessica A. Clarke
How The First Forty Years Of Circuit Precedent Got Title Vii's Sex Discrimination Provision Wrong, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a simple textual argument that it is: An employer cannot take action on the basis of an employee’s sexual orientation or transgender identity without considering the employee’s sex. But while this argument is simple, it was not one that federal courts adopted until recently. This has caused some judges to object that the simple argument must be inconsistent with the original meaning of Title …