scholarly journals Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity

SAGE Open ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. 215824401986910
Author(s):  
Jeffrey A. Mello
Keyword(s):  
Job Applicants ◽  
Equal Pay ◽  
Pay Gap ◽  
Alternative Strategies ◽  
Half Century ◽  
Equal Pay Act ◽  
Gender Based

Despite passage of the Equal Pay Act (EPA) more than a half-century ago, surveys consistently show that women still earn significantly less than men. One factor to which this has been attributed is the use of current salary as a basis for a new job offer. Such a practice, it has been argued, perpetuates the kinds of salary differentials the EPA attempted to eradicate. As a result, many municipalities have passed laws which prohibit inquiries as to an applicant’s current salary. This article explores the nature of such laws and their limitations and offers alternative strategies to close the pay gap between genders.

scholarly journals Women's Approaches to Negotiation: The Role of Negotiation in the Gender Pay Gap

2020 ◽  
Author(s):  
Delaney Arth
Keyword(s):  
Wage Structure ◽  
Workplace Culture ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Men And Women ◽  
Compensation Packages ◽  
Equal Pay Act ◽  
Depth Interviews

The gender pay gap has a long and well-documented history. The Equal Pay Act of 1963 was passed in an attempt to combat this gap in wages between men and women, but as of 2019 women still on average earn less than 80% of what their male counterparts do. Countless factors contribute to this discrepancy, from gender norms to workplace culture to wage structure and so much more. Though there is a significant literature discussing the gender pay gap, the majority of it focuses on external barriers to equality, including but not limited to institutional inequality, social norms, and workplace discrimination. Fewer scholars have addressed the internalized barriers to equality in the workplace that women face—such as how gendered norms and expectations may affect workplace behaviors such as negotiating compensation packages. My project employs qualitative content coding and individual breakdown of semi-structured, in-depth interviews to investigate if, how, and why women’s approaches to negotiation may contribute to pay inequity in professional positions. My findings confirm a discrepancy in rates of negotiation between male and female respondents. They also suggest that divergences in the circumstances surrounding negotiations as well as in approaches to negotiation exist between men and women, and among workers with various levels of seniority. Finally, my findings in combination with existing literature suggest a link between negotiation and the gender pay gap.

18. Equal pay

2019 ◽  
pp. 302-327
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Good Reason ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Positive Duty ◽  
Equal Pay ◽  
Pay Gap ◽  
Similar Work ◽  
Opposite Sex ◽  
Equal Pay Act ◽  
The Uk

This chapter discusses the evolution of equal pay law in the UK, selection of comparator by the claimant, employer defences and remedies, bringing a claim, bringing equal pay cases using sex discrimination statutes, and critiques of equal pay law. The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010. A claimant is required to name a comparator of the opposite sex who she claims is paid more than she is, without good reason, despite doing the same work, broadly similar work, work which has been rated as equivalent or work of equal value. Equal pay law has been criticised for failing to bring about equality in pay between men and women. Suggested reforms include placing a positive duty on employers to take action to eliminate unequal pay. The chapter also considers gender pay gap reporting.

Closing the Gender Pay Gap: New Approaches to an Old Problem

2018 ◽  
Vol 50 (4) ◽  
pp. 189-195
Author(s):  
Kurt Stanberry
Keyword(s):  
State Level ◽  
Gender Pay Gap ◽  
Pay Equity ◽  
Federal Law ◽  
Equal Pay ◽  
Pay Gap ◽  
Federal Level ◽  
New Approaches ◽  
Work Concept ◽  
Equal Pay Act

This article addresses new approaches to address a long-standing employment compensation problem—the gender pay gap. Existing approaches, including the Equal Pay Act and Title VII, are more than 50 years old, and have only been marginally successful in resolving this problem. A pay gap based on gender remains a problem today. New approaches include the potential passage of the Paycheck Fairness Act at the federal level and a variety of laws at the state level. Some states have passed pay equity laws that are more successful than the federal law due to the use of the comparable work concept. Additionally, some states have passed laws regulating the asking of salary history questions, as well as the use of non-compete and no-poaching agreements, all of which have a chilling effect on pay equity. The result of the combination of these actions is a probable reduction of the gender pay gap, although eliminating it remains a distant goal.

scholarly journals Discrimination and Human Rights: An Overview of Remedies

1970 ◽  
Vol 18 (3) ◽  
Author(s):  
Peter Kiely
Keyword(s):  
Human Rights ◽  
Practical Significance ◽  
Equal Pay ◽  
Public Places ◽  
Employment Contracts ◽  
Goods And Services ◽  
Human Rights Act ◽  
Equal Pay Act ◽  
Gender Based ◽  
Alternative Routes

Up until 10 August 1993, New Zealand's anti-discrimination law consisted of three statutes: The Employment Contracts Act 1991, The Race Relations Act 1971 and The Human Rights Commission Act 1977. There is also the Equal Pay Act 1972, which abolished gender based wage differentials in industrial awards but this is of less practical significance now and accordingly is not considered further. The Human Rights Act 1993 repeats and replaces the latter two Acts from 1 February 1994. The new Act provides protection from discrimination not only in the employment relationship, but also in such areas as the provisions of goods and services, accommodation, advertising and access to public places. In the employment context, the new Act mirrors the protection provided by the Employment Contracts Act and in some areas strengthens it. The two Acts stand alongside one another providing alternative routes for the aggrieved employee. The existence of two regimes means that an act of discrimination may result in proceedings under either statute with different remedies. It is therefore necessary to examine both statutes when considering remedies.

Equal pay for work of equal value, wage-setting and the gender pay gap

2020 ◽  
Vol 62 (4) ◽  
pp. 519-532
Author(s):  
Gillian Whitehouse ◽  
Meg Smith
Keyword(s):  
East Asian ◽  
Labour Markets ◽  
Gender Pay Gap ◽  
Asian Countries ◽  
Wage Setting ◽  
Equal Pay ◽  
Pay Gap ◽  
Economic Trends ◽  
Gender Based ◽  
The Impact

The principle of equal pay for work of equal value has radical potential but uneven application and impact. As one strand within the multiplicity of measures required to impede the reproduction of gender pay gaps, its strengths lie in an expanded notion of equality and capacity to challenge gendered norms embedded in wage-setting practices. Almost 70 years after the principle was given expression in the International Labour Organisation’s Equal Remuneration Convention of 1951, these strengths remain difficult to capture. This collection includes studies of advances and retreats in Australia and New Zealand, shaped by political and economic trends, changing wage-setting arrangements and varying interpretations of formal provisions. These are elaborated with examples of collective action that have redefined the problem of gender pay inequality and found pathways to redress gender-based undervaluation in the absence of a supportive regulatory framework. Studies of three East Asian countries extend understanding through stark illustrations of recurring barriers, highlighting limitations in legal expression, incompatibility of equal value measures with wage-setting norms, and the impact of highly segmented labour markets. Together the articles underline the need for interrelated reforms to formal provisions, wage-setting institutions and labour markets, and the importance of ongoing mobilisation to drive change.

From Economic Security to Equality: Frieda Miller, Esther Peterson, and the Revival of the Alternative View of Public Administration, 1945-1964

2017 ◽  
Vol 48 (8) ◽  
pp. 795-807
Author(s):  
John Thomas McGuire
Keyword(s):  
World War Ii ◽  
Public Administration ◽  
Economic Security ◽  
Alternative View ◽  
Women's Labor ◽  
Equal Pay ◽  
Secondary Sources ◽  
The Status ◽  
Equal Pay Act ◽  
Women's Bureau

This article examines how Frieda Miller and Esther Peterson, two influential directors of the U.S. Department of Labor’s Women’s Bureau after World War II, revived and continued the alternative view of public administration through a combination of primary and secondary sources. Miller, who served as director from 1944 through 1953, reestablished a social justice–centered view of public administration through the creation of a special advisory committee and the institution of a new agenda that stressed equality over economic security. Peterson, who served from 1961 through 1964, quickly moved the Women’s Bureau into a political network with women’s labor leaders and the John F. Kennedy presidential administration, helping to create the Presidential Commission on the Status of Women (PCSW) and to enact a federal Equal Pay Act.

Changes in the US Gender Gap in Wages in the 1960s

2021 ◽  
Vol 111 ◽  
pp. 143-148
Author(s):  
Martha J. Bailey ◽  
Thomas Helgerman ◽  
Bryan A. Stuart
Keyword(s):  
Civil Rights ◽  
Gender Gap ◽  
Labor Standards ◽  
Equal Pay ◽  
The Us ◽  
Fair Labor Standards Act ◽  
Women's Wages ◽  
The Mean ◽  
Equal Pay Act ◽  
The 1960S

The 1960s witnessed landmark legislation that aimed to increase women's wages, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act, and the 1966 amendments to the Fair Labor Standards Act. Although the gender gap in pay changed little at the mean/median during the decade, our distributional analysis shows that women's wages converged sharply on men's below but diverged above the median. However, the bulk of women's relative pay gains are not explained by changes in observed attributes. Our findings suggest an important role for legislation in narrowing the gender gap in the 1960s.

Directing Equal Pay in the UK ICT Labour Market

2008 ◽  
pp. 3150-3157
Author(s):  
Claire Keogh ◽  
Angela Tattersall ◽  
Helen Richardson
Keyword(s):  
Labour Market ◽  
National Level ◽  
Equal Pay ◽  
Skills Shortage ◽  
Part Time ◽  
Underrepresentation Of Women ◽  
Equal Pay Act ◽  
Ict Industry ◽  
The Uk ◽  
The Impact

The UK labour market is dramatically changing, with rapid technological innovations alongside globalisation where organisations are required to place a premium on human and intellectual capital. The demand for labour is outstripping supply, and businesses are increasingly dependent on their ability to attract, invest in and develop their workforce (Kingsmill, 2003). However, a recent comparative report of the information technology (IT) workforce in Holland, Germany and the UK indicates that women are haemorrhaging out of the IT sector (Platman & Taylor, 2004). Given that presently there is an IT specialist’s skills shortage of 18.4% (IER/IFF, 2003), and female IT managers represent a mere 15% of ICT managers, 30% of IT operations technicians and 11% of IT strategy planning professionals (EOC, 2004a), this suggests that the ICT industry is not equipped for equality and diversity at work. Despite many years of egalitarian rhetoric and 3 decades after the UK Equal Pay Act (1970) was introduced, women still receive on average 18% less than that of their male counterparts working full-time and 41% less than men when working part-time hours. The ESF-funded DEPICT project seeks to identify pay discrimination experienced by women in ICT at a national level throughout England. An important aim is to highlight the impact of pay and reward discrimination has on the underrepresentation of women in the ICT labour market. From this study, we hope to more clearly understand the reasons for the gender pay gap, particularly in the ICT sector; and the impact this has on women’s entry and retention to occupations where they are already severely underrepresented. Equal pay is an issue for all; it’s unjust, unlawful and impacts on social justice, equality and economic performance (EOC, 2001b). Pay is a major factor affecting relationships at work; distribution and levels of pay and benefits affect efficiency of organisations, workforce morale and productivity. It is vital for organisations to develop pay systems that reward workers fairly for the work they perform (ACAS, 2005).

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