Chapter 11 Women’s Employment & Earnings: Policy Discrimination Law Affirmative Action Comparable Worth Discrimination Law Affirmative Action Comparable Worth

Why laws? equity  treat all in the labor market equally not necessarily equal result but equal opportunity equity  treat all in the labor market equally not necessarily equal result but equal opportunity

efficiency  discriminating against groups means losing out on those skills society loses output  example: Justice O’Connor (403) efficiency  discriminating against groups means losing out on those skills society loses output  example: Justice O’Connor (403)

a change in the law may bring about a change in societal attitudes cons:  compliance costs  litigation costs a change in the law may bring about a change in societal attitudes cons:  compliance costs  litigation costs

Federal Laws Equal Pay Act of 1963 The Civil Rights Act of 1964 The ERA (not passed) Equal Pay Act of 1963 The Civil Rights Act of 1964 The ERA (not passed)

The Equal Pay Act of 1963 prohibits wage discrimination for women and men performing work for same employer of similar  skill  effort  responsibility  working conditions prohibits wage discrimination for women and men performing work for same employer of similar  skill  effort  responsibility  working conditions

restrictive  how to define “similar”? covers almost all employers restrictive  how to define “similar”? covers almost all employers

exceptions if wages differ by sex due to  seniority system  merit pay system  any factor other than sex exceptions if wages differ by sex due to  seniority system  merit pay system  any factor other than sex

The Civil Rights Act of 1964 created EEOC to enforce the law prohibits discrimination on basis of race, sex, color, religion, national origin Title VII – employment Title IX -- education created EEOC to enforce the law prohibits discrimination on basis of race, sex, color, religion, national origin Title VII – employment Title IX -- education

Title VII hiring/firing/layoff compensation/benefits job title/promotions/tranfers ads/recruitment training/facilities disability leave all employers with > 15 workers hiring/firing/layoff compensation/benefits job title/promotions/tranfers ads/recruitment training/facilities disability leave all employers with > 15 workers

exceptions  if sex, religion, is legitimate job requirement “BFOQ”  EEOC vs. Hooters (1995) exceptions  if sex, religion, is legitimate job requirement “BFOQ”  EEOC vs. Hooters (1995)

sexual harassment illegal under title VII “quid pro quo”  sex-for-job, raise, promotion hostile work environment  behavior of coworkers make interferes with job illegal under title VII “quid pro quo”  sex-for-job, raise, promotion hostile work environment  behavior of coworkers make interferes with job

back to interview questions questions about marital, family status  may violate title VII if used against women and not against men questions about marital, family status  may violate title VII if used against women and not against men

pregnancy based discrimination amendment, 1978 pregnancy, childbirth and related disabilities must be treated same as other disabilities/illnesses in employer policy amendment, 1978 pregnancy, childbirth and related disabilities must be treated same as other disabilities/illnesses in employer policy

Proving discrimination disparate treatment  individuals treated differently b/c of race, sex, etc. AND  intent to discriminate disparate treatment  individuals treated differently b/c of race, sex, etc. AND  intent to discriminate

disparate impact  even if no intent  firm is liable if actions lead to discriminatory outcome unless policy is shown to be necessary for job  seniority systems are permitted disparate impact  even if no intent  firm is liable if actions lead to discriminatory outcome unless policy is shown to be necessary for job  seniority systems are permitted

pattern of discrimination  defendants regular practice vs.  isolated incident pattern of discrimination  defendants regular practice vs.  isolated incident

Title IX education programs receiving federal aid implications for sports programs education programs receiving federal aid implications for sports programs

Title IX & sports 1972  < 30,000 female NCAA athletes 2000  > 150,000 NCAA female athletes 1972  < 30,000 female NCAA athletes 2000  > 150,000 NCAA female athletes

college sports programs schools comply by  % female athletes proportional to enrollment  history of expanding sports opportunities for females schools comply by  % female athletes proportional to enrollment  history of expanding sports opportunities for females

controversycontroversy are low-profile men’s sports cut to comply with Title IX?  due to large spending on sports like men’s basketball & football are low-profile men’s sports cut to comply with Title IX?  due to large spending on sports like men’s basketball & football

notenote no school has ever lost federal aid for noncompliance with Title IX

Civil Rights Act does not prohibit discrimination based on  sexual orientation  marital status  family status but many states and municipalities do does not prohibit discrimination based on  sexual orientation  marital status  family status but many states and municipalities do

Affirmative Action Executive Order (1965) government contractors must have an affirmative action plan many large firms have a voluntary AA plan Executive Order (1965) government contractors must have an affirmative action plan many large firms have a voluntary AA plan

AA plan increase employment of women, minorities outlines goals, timetables increase employment of women, minorities outlines goals, timetables

conscons AA is reverse discrimination  leads to favoring less-qualified minorities? illegal under Title VII stigmatizes women, minorities as less qualified only applied to a subset of firms AA is reverse discrimination  leads to favoring less-qualified minorities? illegal under Title VII stigmatizes women, minorities as less qualified only applied to a subset of firms

prospros forces firms to make focused effort on diverse applicant pool compensates for past discrimination benefits to diversified workforce protection from lawsuits forces firms to make focused effort on diverse applicant pool compensates for past discrimination benefits to diversified workforce protection from lawsuits

Evidence of effectiveness Title VII & AA  large increases of employment for minority women more so than white women  opened up traditionally male jobs to women Title VII & AA  large increases of employment for minority women more so than white women  opened up traditionally male jobs to women

Comparable Worth job characteristics/skills should receive same return  regardless of job  or who does the job job characteristics/skills should receive same return  regardless of job  or who does the job

supporters believe jobs with high % of females are undervalued, relative to skills  correlation between % female and lower pay supporters believe jobs with high % of females are undervalued, relative to skills  correlation between % female and lower pay

Equal Pay Act is very restrictive in what jobs are similar comparable worth is more general in valuing jobs Equal Pay Act is very restrictive in what jobs are similar comparable worth is more general in valuing jobs

How to determine value? do jobs have an intrinsic value or “just wage”? economists:  value of job is what someone is willing to pay you to do it do jobs have an intrinsic value or “just wage”? economists:  value of job is what someone is willing to pay you to do it

value of skills same across all jobs? supply of skills relative to the demand for those skills same across all jobs? supply of skills relative to the demand for those skills

so some jobs pay more because the required skills are scarce some jobs pay more because skills are in higher demand so some jobs pay more because the required skills are scarce some jobs pay more because skills are in higher demand

English profs vs. economics profs same responsibilities  teaching, research, advising English profs have higher % female English profs of same rank earn significantly less same responsibilities  teaching, research, advising English profs have higher % female English profs of same rank earn significantly less

demand-sidedemand-side demand for English course vs. economics courses implies demand for professors demand for English course vs. economics courses implies demand for professors

supply-sidesupply-side supply of English Ph.Ds much larger than supply of economics Ph.Ds

CW for professors? may result in  shortage of economics profs  surplus of English profs may result in  shortage of economics profs  surplus of English profs

How to implement CW? use a point system to assign pt. values to skills, working conditions  add up points for each job use a point system to assign pt. values to skills, working conditions  add up points for each job

problemsproblems what are the relevant skills, working conditions to measure? is there agreement on their value? sex-related biases in valuing skills  undervalue typing? nurturing?  overvalue mechanical skills? what are the relevant skills, working conditions to measure? is there agreement on their value? sex-related biases in valuing skills  undervalue typing? nurturing?  overvalue mechanical skills?

states, cities have implemented CW  different conclusions about job values states, cities have implemented CW  different conclusions about job values

are women better off under CW? wages rise  but employment growth slows  so higher earnings at the costs of jobs? & may be distortions in labor market wages rise  but employment growth slows  so higher earnings at the costs of jobs? & may be distortions in labor market

Looking back, chapters 8-11 so how discriminatory is the earnings gap?  is it about different choices?  or different constraints? so how discriminatory is the earnings gap?  is it about different choices?  or different constraints?

Vicky Lovell Institute for Women’s Policy Research “The question is how do we interpret the fact that women don’t have as much occupational choice as men do?....

“… Men choose to have children and choose to be admitted to the work force because they’ve already established that women will be doing the caring work, relieving them of the work-family conflict…”

“…Society has narrowed women’s choices in a way that it hasn’t narrowed men’s choices.”