Salary compression and inversion in the university workplace

Abstract

There are two grounds in the USA for bringing a claim of race or gender discrimination: discriminatory intent; and discriminatory effect. As to age discrimination, however, a plaintiff is allowed to bring a claim only on grounds of discriminatory intent. Argues that, with regard to age discrimination in the university, discriminatory effect and discriminatory intent are one: discriminatory intent is hidden inside certain employment practices which appear to be “facially neutral” but are not. In other words, stripped of its disguises discriminatory effect which persists is discriminatory intent. Identifies five strategies to disguise disparate treatment as disparate impact: resistance, pretense, evasion, denial and approval. Explains how a specific university employed these five strategies to hide its discriminatory intent behind discriminatory effect.