Chapter 11 Women’s Employment Chapter 11 Women’s Employment & Earnings: Policy& Earnings: PolicyChapter 11 Women’s Employment Chapter 11 Women’s Employment & Earnings: Policy& Earnings: Policy

• Discrimination Law

• Affirmative Action

• Comparable Worth

• Discrimination Law

• Affirmative Action

• Comparable Worth

Why laws?Why laws?Why laws?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 LawsFederal LawsFederal LawsFederal 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 1963The Equal Pay Act of 1963The Equal Pay Act of 1963The 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 1964The Civil Rights Act of 1964The Civil Rights Act of 1964The 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 VIITitle VIITitle VIITitle 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 harassmentsexual harassmentsexual harassmentsexual 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 questionsback to interview questionsback to interview questionsback 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 discriminationpregnancy based discriminationpregnancy based discriminationpregnancy 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 discriminationProving discriminationProving discriminationProving 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 IXTitle IXTitle IXTitle IX

• education programs receiving federal aid

• implications for sports programs

• education programs receiving federal aid

• implications for sports programs

Title IX & sportsTitle IX & sportsTitle IX & sportsTitle 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 programscollege sports programscollege sports programscollege 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

controversycontroversycontroversycontroversy

• 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

notenotenotenote

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

for noncompliance with Title IX

Civil Rights ActCivil Rights ActCivil Rights ActCivil 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 ActionAffirmative ActionAffirmative ActionAffirmative 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

AA planAA planAA planAA plan

• increase employment of women, minorities

• outlines goals, timetables

• increase employment of women, minorities

• outlines goals, timetables

consconsconscons

• 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

prosprosprospros

• 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 effectivenessEvidence of effectivenessEvidence of effectivenessEvidence 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 WorthComparable WorthComparable WorthComparable 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?How to determine value?How to determine value?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 skillsvalue of skillsvalue of skillsvalue 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 profsEnglish profs vs. economics profsEnglish profs vs. economics profsEnglish 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-sidedemand-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-sidesupply-sidesupply-side

• supply of English Ph.Ds much larger than supply of economics Ph.Ds• supply of English Ph.Ds much larger

than supply of economics Ph.Ds

CW for professors?CW for professors?CW for professors?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?How to implement CW?How to implement CW?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

problemsproblemsproblemsproblems

• 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?are women better off under CW?are women better off under CW?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 8-11Looking back, chapters 8-11Looking back, chapters 8-11Looking 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 LovellVicky LovellInstitute for Women’s Policy ResearchInstitute for Women’s Policy ResearchVicky LovellVicky LovellInstitute for Women’s Policy ResearchInstitute 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?....

“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…”

“… 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.”

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