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By Robert L. Nelson
In keeping with case experiences of 4 enterprises that have been sued for pay discrimination, Legalizing Gender Inequality demanding situations current theories of gender inequality inside of financial, sociological, and criminal contexts. The booklet argues that male-female gains differentials can't be defined appropriately by way of marketplace forces, ideas of potency, or society-wide sexism. relatively it means that applying enterprises are inclined to drawback holders of predominantly lady jobs via denying them strength in organizational politics and reproducing male cultural merits. The ebook argues that the courts have, by means of uncritically accepting the marketplace reason for salary disparity, tended to valid and to legalize an important measurement of gender inequality.
Read Online or Download Legalizing Gender Inequality: Courts, Markets and Unequal Pay for Women in America (Structural Analysis in the Social Sciences) PDF
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Additional resources for Legalizing Gender Inequality: Courts, Markets and Unequal Pay for Women in America (Structural Analysis in the Social Sciences)
Sample text
9 More recently, a federal district court allowed women faculty members to bring a disparate impact claim against a university for establishing different schedules for minimum salaries for different groups (or tiers) of academic departments. See Donnelly v. Rhode Island Board of Governors for Higher Education, 929 F. Supp. 583 (D. Rhode Island 1996). The defendant university prevailed because plaintiffs could not establish that the practice actually injured women faculty, and the court was persuaded that the practice was justified by business necessity.
2d 1094 [1980]). The plaintiffs in Westinghouse were workers in predominantly female jobs in Westinghouse’s Trenton, New Jersey, factory. They alleged that in the 1930s Westinghouse maintained separate job and wage categories for “male” jobs and “female” jobs. Even though some of the female jobs received the same point ratings as male jobs, they were placed in lower wage-grade categories. In 1965 the company established a new, unitary job-grade system that merged the male and female jobs. But some 85 percent of female workers were placed in grades that were lower than the grade of any male workers, and only one of the seventy-seven workers in higher job grades was a woman.
This analysis reveals that only a handful of between-job cases were adjudicated after Gunther. After the defeats in AFSCME and other cases, plaintiffs largely abandoned such theories. In the recent era, plaintiffs have limited their claims to more conventional Equal Pay Act issues. We then review the opinions in the cases involving between-job claims. These cases did not overturn Gunther, but were resolved based on the factual question of whether market or efficiency considerations explained the wage differences complained of.