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

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  • Chapter 11 Womens Employment & Earnings: Policy Discrimination Law Affirmative Action Comparable Worth Discrimination Law Affirmative Action Comparable Worth
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  • 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
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  • efficiency discriminating against groups means losing out on those skills society loses output example: Justice OConnor (403) efficiency discriminating against groups means losing out on those skills society loses output example: Justice OConnor (403)
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  • 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
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  • 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)
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  • 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
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  • restrictive how to define similar? covers almost all employers restrictive how to define similar? covers almost all employers
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  • 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
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  • 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
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  • 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
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  • 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)
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • pattern of discrimination defendants regular practice vs. isolated incident pattern of discrimination defendants regular practice vs. isolated incident
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  • Title IX education programs receiving federal aid implications for sports programs education programs receiving federal aid implications for sports programs
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  • 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
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  • 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
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  • controversycontroversy are low-profile mens sports cut to comply with Title IX? due to large spending on sports like mens basketball & football are low-profile mens sports cut to comply with Title IX? due to large spending on sports like mens basketball & football
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  • notenote no school has ever lost federal aid for noncompliance with Title IX
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  • 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
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  • Affirmative Action Executive Order 11246 (1965) government contractors must have an affirmative action plan many large firms have a voluntary AA plan Executive Order 11246 (1965) government contractors must have an affirmative action plan many large firms have a voluntary AA plan
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  • AA plan increase employment of women, minorities outlines goals, timetables increase employment of women, minorities outlines goals, timetables
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • demand-sidedemand-side demand for English course v