Equal Pay Research Articles

Litigating Equal Pay for Equal Work in Japan, 2012–2020

Litigation and courts have been important arbiters of labour policy reforms aimed at redressing Japan’s growing social inequality. This article considers seven lawsuits brought by non-regular workers, who sought to use Article 20 of the 2012 Labour Contracts Act to gain equal pay for equal work. All seven cases reached Japan’s Supreme Court amid Abe Shinzō’s 2018 labour reforms. The Court’s interpretations reaffirmed employer discretion in categorising employees as a reasonable principle, albeit one which limits the law’s power to redress wage inequality. However, the Court also found the non-provision of various minor benefits to be unreasonable. These outcomes evince a pattern in which litigation marginally transforms reformed labour policy into institutional support for greater equality of compensation and benefits between workers of different statuses. More than advancing equal pay for equal work, the outcomes of these cases support recent government-industry campaigns to boost productivity by encouraging increased use of job-based treatment and diversifying Japan’s employment system.

For or Against Equal Pay? A Study of Common Perceptions

The topic of equal pay usually sparks debates with diverse opinions ranging from those supporting equal pay to those that oppose equal pay. This study attempted to gather empirical data on how individuals perceive equal pay. A questionnaire was designed that probed the respondents’ perceptions of equal pay along 13 dimensions. The respondents were recruited in Norway and grouping analysis was performed according to several demographic factors. The results show that political affiliation, gender, and work union membership were the strongest predictors of standpoint regarding equal pay. The strongest associations with equal pay were observed for unfairness, communism, low realism, and demotivation. Small gender differences were also observed. We argue that data about common perceptions of equal pay is necessary to make informed adjustments to how work is rewarded, and resources distributed. How individuals are to be compensated for the cost of education was the most frequent reservation.

Gendered Citizenship: The Original Conflict over the Equal Rights Amendment, 1920–1963

Rebecca DeWolf traces the origins and development of the equal rights amendment (Era) in considerable and enlightening depth, from its inception immediately following the Nineteenth Amendment's ratification to the passage of the Equal Pay Act (1963), a federal statute that fell far short of the comprehensive vision of constitutional equality long envisioned by the Era's proponents. DeWolf's narrative centers on enduring tensions between “protectionists,” who asserted gender-specific claims to legal and political rights for women, and “emancipationists,” who advocated for the elimination of such distinctions based on sex. Unlike previous scholarship utilizing this model, however, DeWolf holds that these positions are best understood as “competing civic ideologies” that contested the very nature of American citizenship rather than “a struggle between divergent feminist ideologies” that shaped twentieth-century women's movements (p. 9). DeWolf concludes that, ultimately, the inherent limitations of the protectionist position hindered rather than advanced women's citizenship. Chapter 1 explores the radical implications of the Nineteenth Amendment in positing women as full citizens, a significant departure from their common-law legal status as the dependents of men. Chapter 2 traces the rise of the regulatory state in the late nineteenth and early twentieth centuries, and DeWolf argues that this development actually solidified women's dependent status, particularly in laws aimed at safeguarding the health and safety of female workers. In chapters 3 and 4, the author traces the ascendance of the emancipationists as women's contributions to the national welfare were thrown into sharp relief by profound economic and social dislocations brought about by the Great Depression and World War II. Chapters 5 and 6 examine the re-emergence of protectionism in the postwar period within discourses that reasserted traditional familial roles for women as critical to the protection of social order and national security. In a thoughtful epilogue, DeWolf considers several key legal developments that have shaped the current status of the Era. She concludes that women's constitutional equality will succeed “only when the prevalence of protectionist patterns of thought has faded from view and more people are willing to question the equity of America's gendered citizenship” (p. 242).

The Effect of Perceived Pay Equity on Counterproductive Work Behaviors: The Mediating Role of Organizational Cynicism

The influence of pay equity perception has been ignored largely in the human resource literature so far. The aim of this study was to fill this gap by investigating the effect of perceived pay equity on counterproductive work behaviors and whether organizational cynicism had mediating role on this effect. Data were gathered via e-mail survey from 252 white-collar employees working at various private companies in Istanbul. In data analysis, besides the frequency distributions of demographic variables, correlation and regression analyzes were also used. The results of the study demonstrated that organizational cynicism did not play a mediating role, since pay equity did not affect counterproductive work behaviors. However, it has been observed that perceived pay equity affected organizational cynicism negatively and organizational cynicism also affected counterproductive work behaviors positively. In addition to these, it was determined that pay equity, CWBs and organizational cynicism showed a significant difference according to some demographic characteristics. Various theoretical and practical implications were presented in the discussion and conclusions section of the research.

Pay Transparency, Information Access Rights and Data Protection Law: Exploring Viable Alternatives to Disclosure Orders in Equal Pay Litigation

Abstract Equal pay litigation is often highly technical, with a drawn out and costly legal battle for claimants. This is somewhat because of the way equal pay law is constructed, as the requirement to have specific, named comparators can be an area of intense dispute. The complexity and length of cases look set to increase as the parameters of equal pay for work of equal value are explored, and occupational segregation is challenged in the employment tribunals and courts. This article considers one of the largest obstacles to quick and efficient equal pay litigation: the imbalance of access to information between employer and employee. The difficulties of applications for disclosure orders are discussed, alongside pay transparency measures and the recent proposals for a right to direct access to a suspected comparator’s pay data. We consider whether the proposed right is a viable, swifter route to information parity and greater efficiency in equal pay litigation, in light of the experience of freedom of information requests regarding equal pay. Specifically, we note the tension that may arise between the ‘Right to Know’ a comparator’s pay, and the data protection obligations of the employer.

Lessons From the Front Line of Fighting Gender Inequity

Ideas and OpinionsFebruary 2023Lessons From the Front Line of Fighting Gender InequityLuci K. Leykum, MD, MBA, MScLuci K. Leykum, MD, MBA, MScSouth Texas Veterans Health Care System, Harbor Health Team, and Dell Medical School at the University of Texas at Austin, Austin, Texas (L.K.L.)Search for more papers by this authorAuthor, Article, and Disclosure Informationhttps://doi.org/10.7326/M22-3213 SectionsAboutFull TextPDF ToolsAdd to favoritesDownload CitationsTrack CitationsPermissions ShareFacebookTwitterLinkedInRedditEmail In 2019, I filed a federal lawsuit against my then employer alleging both a violation of the Equal Pay Act of 1963 and its retaliation in response to my speaking up about my salary. The actions that led to the lawsuit began in 2016. I sought legal counsel soon thereafter but was reluctant to take formal action. My lawyers warned me that I could be isolated within my institution, and that efforts would likely be made to negatively portray me. Legal action might drag on for years, greatly favoring the institution with its deep pockets and expertise. Future potential employers ...

From “Pin Money” to Careers: Britain’s Late Move to Equal Pay, Its Consequences, and Broader Implications

Despite its importance to gender inequality, household incomes, and labor markets, the reasons behind Britain being one of the last major Western nations to introduce equal pay have been relatively neglected. This article first examines the campaign for equal pay from the late Victorian era to its eventual introduction in 1970. Economists predicted that equal pay would produce substantial female unemployment, but policy makers correctly doubted this—as data collected from early adopters in West Europe and North America showed no significant rise in female unemployment. Female employment rose substantially during Britain’s equal pay implementation—while, in contrast to broadly static earnings differentials from 1950 to 1970, there was a significant reduction in the gender pay gap, followed by a longer-term trend of narrowing differentials. This article explores why equal pay expanded female employment, given the absence of any sudden rise in women workers productivity or substantial acceleration of structural change in favor of female-employing sectors. The article finds that equal pay compelled employers to reevaluate the real worth of female workers based on their substantial relative human capital growth since 1945. This had not hitherto been reflected in relative earnings, owing to barriers such as segmented labor markets, monopsonistic employers, and collective bargaining procedures that fossilized traditional gender pay differentials.

Challenges and Solutions for Establishing Robust Diversity, Equity, and Inclusion Efforts in US Academic Radiation Oncology Departments

Challenges and Solutions for Establishing Robust Diversity, Equity, and Inclusion Efforts in US Academic Radiation Oncology Departments

One Nation, One Team: The U.S. Women’s National Team’s Equal Pay Victory and Its Broader Impact

This teaching-based case study focuses on and addresses issues and opportunities in women’s sports. The context used for such discussions are the U.S. Women’s National Soccer team’s accomplishments (e.g., mainly the settlement for equal pay). Both the main case and the teaching materials enlighten examinations in three principal areas (i.e., leadership, diversity, and marketing). As future leaders in the sports industry, we believe that Sport Management students should be prompted to discuss issues and opportunities beyond what we have long referred to as (traditional) “sports,” to intentionally focus on and address issues and opportunities in women’s sports. Nonetheless, the benefits of the present case study reside in its ability to invite students to consider topics and current events in sports that are imperative to continue the momentum to move sports (in particular, women sports) forward. This teaching-based case study is intended for third- or fourth-year undergraduate students. Given its broad approach and focus in three different areas (i.e., leadership, diversity, and marketing), the case could be used in several sport courses, such as management or business of sports, sport marketing, sport diversity, sport sociology, or sport leadership. Knowledge is gained via individual and teamwork, class debates, and written assignments.

Equal Pay Day for (Some) African-American Women

Equal Pay Day for (Some) African-American Women

Towards the Practical Realisation of the Concept of Equal Pay for Equal Work in Ghana: Some Comparative Lessons from South Africa and the United Kingdom

The Constitution of Ghana and the Labour Act provide that all workers in Ghana are entitled to equal pay/remuneration for equal work. The practical realisation of equal pay for equal work is also a global goal embodied in key international instruments. Notwithstanding this, the meaning and scope of the concept have proven somewhat difficult to understand. Some countries have promulgated legislation and statutory guidelines to provide clarity. In Ghana, the operational aspects of the concept have not yet been fully explored. In addition, Ghanaian courts have not been approached to pronounce on its scope. While the government of Ghana has introduced some wage determination structures to give effect to the concept, unfortunately these apply only to public-sector workers. This article seeks to advance arguments on the practical realisation of equal pay for equal work or work of equal value in the Constitution and Labour Act. It discusses the meaning of the concept under international law. It also draws some legislative and judicial lessons from the legal position in South Africa and the United Kingdom on the various approaches to equal pay claims. The article suggests that Ghana take legislative steps to provide clarity and a comprehensive framework to govern the various aspects of equal pay for equal work and work of equal value.

Closing the Gender Gap in Salary Increases: Evidence from a Field Experiment on Promoting Pay Equity

Closing the Gender Gap in Salary Increases: Evidence from a Field Experiment on Promoting Pay Equity

Équité salariale entre les sexes au Canada de 1971 à 2016 : note empirique

Cet article se penche sur le thème de l’équité salariale entre les sexes au Canada. Dans une première étape, en recourant aux microdonnées à grande diffusion issues du recensement de 2016, il compare le salaire des hommes et des femmes de manière globale puis en faisant intervenir les variables intermédiaires que sont l’âge, le secteur d’industrie, l’instruction et le statut selon que le travail est à temps plein ou à temps partiel. Il découvre alors une inégalité du salaire selon le sexe quoique, paradoxalement, une faible variance expliquée du salaire par le sexe. Dans une deuxième étape, il présente cette comparaison à la lumière de celles qui ont été faites depuis 1971, toujours à partir des microdonnées des recensements. Il observe alors une tendance générale à la réduction de l’écart entre les sexes pour ce qui est du salaire, mais aussi à la réduction de la variance expliquée du salaire par le sexe ; il observe aussi une certaine stagnation de la réduction de l’écart entre les sexes de 2011 à 2016. Dans un troisième temps, il examine la différence de salaire selon le sexe, mais en fonction de tranches de salaires. Il relève alors de nette variations de cette différence selon la tranche de salaire qui est prise en compte. Dans un quatrième temps, il présente quelques considérations législatives.

The Equal Pay Act: Using EEOC v. Verona Area School District in the Classroom

The Equal Pay Act: Using EEOC v. Verona Area School District in the Classroom

How the 1963 Equal Pay Act and 1964 Civil Rights Act Shaped the Gender Gap in Pay

How the 1963 Equal Pay Act and 1964 Civil Rights Act Shaped the Gender Gap in Pay

Gender-Related Pay Equity by State and Industry

The purpose of this study was to examine whether there are differences in gender-related pay equity in the public sector, among states, and among industries in the United States. The study was conducted with archival data from The American Community Survey. Results of two one-way ANOVAs showed a significant difference in the gender-related pay equity among the 51 states (including D.C.), F(50, 1740) = 1.69, p = 0.019, and among the five major industries, F(4, 1735) = 17.00, p < 0.01. These empirical findings provide a basis for the development of policies needed to address pay inequity.

Prepare for more student‐athlete agents (and regulatory burden) in wake of NIL modernization

California's introduction of the Fair Pay to Play Act in late 2019 kicked off a multistate legislative effort to codify into law student‐athletes’ right of publicity and ability to receive compensation in connection with licensed uses of those rights. In its eventual response, the NCAA modernized its name, image, and likeness restrictions with a short‐form interim policy, mirroring the key aspects of the state bills that had at that point been passed into law.

No Male Comparators: The Doubling Up of Discrimination on Pay Equity

Women seeking pay equity in women-dominated professions often encounter structural barriers to equity in the form of the “no male comparator” (NMC) analysis built into pay equity legislation. NMC is a symptom of larger societal inequities in the workforce, but it also serves as a catalyst to further entrench discrimination, which has the effect of reducing the societal value accorded to women-predominant professions. In this article, I engage in a thematic analysis of two NMC cases that highlight how current legislative and judicial approaches to equity seeking hinder equitable outcomes through procedural means. Such techniques include the development of an ill-defined legislative approach to NMC analysis, resulting in the “de-responsibilizing” of the state; opaque methodological approaches to assessing NMC cases, resulting in the justification of enactment delays by government; and the provision of scant attention to the historical and sociological conditions of women in gendered professions, resulting in a hollow commitment to equality.

Prepare for more student‐athlete agents (and regulatory burden) in wake of NIL modernization

California's introduction of the Fair Pay to Play Act in late 2019 kicked off a multi‐state legislative effort to codify into law student‐athletes’ right of publicity and ability to receive compensation in connection with licensed uses of those rights. In its eventual response, the NCAA modernized its name, image, and likeness restrictions with a short‐form interim policy, mirroring the key aspects of the state bills that had at that point been passed into law.

GENDER EQUITY AGAINST “ECONOMIC REALITIES”: HOW A CONFLICT BETWEEN TWO MOVEMENTS RESHAPED THE CULTURAL UNDERSTANDING OF PAY

In the United States today, there is a broad cultural understanding that market forces drive pay outcomes. But prior to the 1980s, pay was understood to be the product of bureaucratic processes internal to organizations. The question of whether pay is determined by the market or organizational decisions is essential for evaluating employers’ liability for gender pay inequality, as employers are not responsible for inequalities resulting from the “economic realities” of the labor market. This article locates the shift in cultural beliefs about pay in key court decisions in the 1970s and 1980s. At that time, a social movement for pay equity used the idea of comparable worth to hold organizations accountable for inequality between jobs held by women and similarly valuable jobs held by men. But the judges who ruled on these cases were informed by a different movement, known as law and economics, which led them to conceptualize pay as the product of market forces instead of organizational decisions. These judges’ decisions limited employers’ liability for the pay gap and precipitated a transformation of the cultural common sense of pay within organizations, which increasingly adopted market-based approaches. The case of comparable worth highlights the role of judges, who have a unique role in determining the impact of social movements while themselves being targeted by such movements.