labour rights
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influen ...
that individuals in the same
workplace
A workplace is a location where someone Work (human activity), works, for their employer or themselves, a place of employment. Such a place can range from a Small office/home office, home office to a large office building or factory. For Indust ...
be given equal pay. It is most commonly used in the context of
sexual discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primari ...
, in relation to the
gender pay gap
The gender pay gap or gender wage gap is the average difference between the remuneration for men and women who are working. Women are generally found to be paid less than men. There are two distinct numbers regarding the pay gap: non-adjusted ...
. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
Early history
As wage-labour became increasingly formalized during the
Industrial Revolution
The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, women were often paid less than their male counterparts for the same labour, whether for the explicit reason that they were women or under another pretext. The principle of equal pay for equal work arose at the same part of
first-wave feminism
First-wave feminism was a period of feminist activity and thought that occurred during the 19th and early 20th century throughout the Western world. It focused on legal issues, primarily on securing women's right to vote. The term is often used s ...
, with early efforts for equal pay being associated with nineteenth-century
Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
activism in industrialized countries: for example, a series of strikes by unionized women in the UK in the 1830s. Pressure from Trade Unions has had varied effects, with trade unions sometimes promoting conservatism.
Carrie Ashton Johnson
Carrie Ashton Johnson (, Ashton; August 24, 1863 – March 3, 1949) was an American suffragist, editor, and author. Through her writing, she was involved in the suffrage and temperance movements of the day. Johnson was affiliated with the Illinoi ...
women's suffrage
Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...
. In 1895, she was quoted by the ''Chicago Tribune'' as having said, "When women are given the ballot, there will be equal pay for equal work." However, following the Second World War, trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work; one example of this process is the UK's introduction of the
Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was ...
in response both to the
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
and the
Ford sewing machinists strike of 1968
The Ford sewing machinists strike of 1968 was a landmark labour-relations dispute in the United Kingdom in England. It was a trigger cause of the passing of the Equal Pay Act 1970.
Strike action
The strike, led by Rose Boland, Eileen Pullen, V ...
. In recent years European trade unions have generally exerted pressure on states and employers for progress in this direction.
International human rights law
In
international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
, the statement on equal pay is the 1951
Equal Remuneration Convention
The Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, or Equal Remuneration Convention is the 100th International Labour Organization International Labour Organization#International Labour Conference, Co ...
, Convention 100 of the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
, a
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
body. The Convention states that
:: Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.
Equal pay for equal work is also covered by Article 7 of the
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
, Article 4 of the
European Social Charter
The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...
, and Article 15 of
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.
It emerged under th ...
. The Constitution of the International Labour Organization also proclaims "the principles of equal remuneration for equal value".
The EEOC's four affirmative defenses allows unequal pay for equal work when the wages are set "pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) ... any other factor other than sex." A pay differential due to one of these factors is not in breach of the convention.
Legal situation by jurisdiction
European Union/European Economic Area
Post-war Europe has seen a fairly consistent pattern in women's participation in the labour market and legislation to promote equal pay for equal work across Eastern and Western countries.
Some countries now in the EU, including France, Germany, and Poland, had already enshrined the principle of equal pay for equal work in their constitutions before the foundation of the EU (see table below). When the
European Economic Community
The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisb ...
, later the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
(EU), was founded in 1957, the principle of equal pay for equal work was named as a key principle. Article 141 of the Treaty of Rome says "each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied." While socially progressive, this decision does not necessarily indicate widespread progressive attitudes among the signatories to the treaty:
::While this is often viewed as an example of the progressive nature of the European community, some argue that Article 141 (previously 119) was included largely as a concession to the French who already had equal pay legislation and feared that they would be at a comparative disadvantage.
The EEC's legislation was clarified in 1975 by the binding and directly applicable equal pay directive 75/117/EEC. This prohibited all discrimination on the grounds of sex in relation to pay; this and other directives were integrated into a single Directive in 2006 (2006/54/EC).
At the national level the principle of equal pay is in general fully reflected in the legislation of the 28 EU member states and the additional countries of the
European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Ass ...
(EEA), Iceland, Liechtenstein and Norway. The
EU candidate countries
There are eight recognised candidates for Member state of the European Union, membership of the European Union: Accession of Turkey to the European Union, Turkey (since 1999), Accession of North Macedonia to the European Union, North Macedonia ...
of Macedonia and Turkey also adapted their legislation to EU standards. The main national legislation concerning pay equity between men and women for different European countries is as follows.
2018 Update
''Law on Equal Pay Certification based on the Equal Pay Standard in Iceland''
Iceland introduced an Equal Pay Standard in 2012, ÍST 85:2012 (Equal wage management system - Requirements and guidance). The standard was developed by the Icelandic trade unions, the employers' confederation and government officials with the goal in mind that it would help employers prevent salary discrimination and enable them to become certified.
In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). The amendment is a law on equal pay certification and was put into effect on January 1 in 2018. According to the amendment companies and institutions employing 25 or more workers, on annual basis, will be required to obtain equal pay certification of their equal pay system and the implementation thereof. The purpose of this obligatory certification is to enforce the current legislation prohibiting discriminatory practices based on gender and requiring that women and men working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value.
United States
Federal law: Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964
By the 20th century, women made up about a quarter of United States workforce but were still paid far less than men, whether it was the same job or a different job. There were different laws for women in some states such as, not working at night and restriction of their working hours. Women started entering more factory jobs when World War II began to replace men who were enlisted in the military. The wage gap continued to escalate during the war. The National War Labor Board put policies in place to help provide equal pay for women who were directly replacing men.
The first attempt at equal pay legislation in the United States, H.R. 5056, "Prohibiting Discrimination in Pay on Account of Sex", was introduced by Congresswoman
Winifred C. Stanley
Winifred Claire Stanley (August 14, 1909 – February 29, 1996) was an American politician and attorney from New York affiliated with the Republican Party (United States), Republican Party. Stanley is known for her vigorous women's rights advoc ...
of Buffalo, New York, on June 19, 1944. Twenty years later, legislation passed by the federal government in 1963 made it illegal to pay men and women different wage rates for equal work on jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions. One year after passing the Equal Pay Act, Congress passed the 1964 Civil Rights Act. Title VII of this act makes it unlawful to discriminate based on a person's race, religion, color, or sex. Title VII attacks sex discrimination more broadly than the Equal Pay Act extending not only to wages but to compensation, terms, conditions or privileges of employment. Thus with the Equal Pay Act and Title VII, an employer cannot deny women equal pay for equal work; deny women transfers, promotions, or wage increases; manipulate job evaluations to relegate women's pay; or intentionally segregate men and women into jobs according to their gender.
Since Congress was debating this bill at the same time that the Equal Pay Act was coming into effect, there was concern over how these two laws would interact, which led to the passage of Senator Bennett's Amendment. This Amendment states: "It Shall not be unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex ... if such differentiation is authorized by the provisions of the qual Pay Act" There was confusion on the interpretation of this Amendment, which was left to the courts to resolve.
Thus US federal law now states that "employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment."U.S Equal Employment Opportunity Commission ''EEOC Facts About Equal Pay and Compensation Discrimination'' accessed on August 26, 2011.
New York state
In 1944, the state of New York outlawed wage discrimination based on one's gender. On 10 July 2019, New York Governor Andrew Cuomo signed into law legislation guaranteeing equal pay for equal work regardless of one's gender. This builds on the 1944 law by prohibiting employers from asking job candidates about their previously salary, a loophole that has had a history of enforcing pay inequality based on gender. Cuomo signed the law in tandem with the 2019 Women's World Cup victory parade in New York City.
Washington state
In
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
, Governor Evans implemented a pay equity study in 1973 and another in 1977.Remick, Helen. "'A Want of Harmony': Perspectives on Wage Discrimination and Comparable Worth." Ed. Remick, Helen. Comparable Worth and Wage Discrimination: Technical Possibilities and Political Realities. Temple University Press: Philadelphia, 1984, pg. 102. The results clearly showed that when comparing male and female dominated jobs there was almost no overlap between the averages for similar jobs and in every sector, a twenty percent gap emerged. For example, a food service worker earned $472 per month, and a Delivery Truck Driver earned $792, though they were both given the same number of "points" on the scale of comparable worth to the state. Unfortunately for the state, and for the female state workers, his successor Governor Dixie Lee Ray failed to implement the recommendations of the study (which clearly stated women made 20 percent less than men). Thus in 1981,
AFSCME
The American Federation of State, County and Municipal Employees (AFSCME) is the largest trade union of public employees in the United States. It represents 1.3 million public sector employees and retirees, including health care workers, correcti ...
filed a sex discrimination complaint with the
EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
against the State of Washington. The District Court ruled that since the state had done a study of sex discrimination in the state, found that there was severe disparities in wages, and had not done anything to ameliorate these disparities, this constituted discrimination under Title VII that was "pervasive and intentional". The Court then ordered the State to pay its over 15,500 women back pay from 1979 based on a 1983 study of comparable worth. This amounted to over $800 million. However, the
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
overturned this decision, stating that Washington had always required their employees' salaries to reflect the free market, and discrimination was one cause of many for wage disparities. The court stated, "the State did not create the market disparity ... ndneither law nor logic deems the free market system a suspect enterprise." While the suit was ultimately unsuccessful, it led to state legislation bolstering state workers' pay. The costs for implementing this equal pay policy was 2.6% of personnel costs for the state.
Minnesota
In
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
, the state began considering a formal comparable worth policy in the late 1970s when the Minnesota Task Force of the Council on the Economic Status of Women commissioned Hay Associates to conduct a study. The results were staggering and similar to the results in Washington (there was a 20% gap between state male and female workers pay). Hay Associates proved that in the 19 years since the Equal Pay Act was passed, wage discrimination persisted and had even increased over from 1976 to 1981. Using their point system, they noted that while delivery van drivers and clerk typists were both scaled with 117 points each of "worth" to the state, the delivery van driver (a male-dominated profession) was paid $1,382 a month while the clerk typist (a female dominated profession) was paid $1,115 a month. The study also noted that women were severely underrepresented in manager and professional positions, and that state jobs were often segregated by sex. The study finally recommended that the state take several courses of action: 1) establish comparable worth considerations for female-dominated jobs; 2) set aside money to ameliorate the pay inequity; 3) encourage affirmative action for women and minorities and 4) continue analyzing the situation to improve it. The Minnesota Legislature moved immediately in response. In 1983 the state appropriated 21.8 million dollars to begin amending the pay disparities for state employees. From 1982 to 1993, women's wages in the state increased 10%. According to the Star Tribune, in 2005 women in Minnesota state government made 97 cents to the dollar, ranking Minnesota as one of the most equal for female state workers in the country. Five years later in 2010, full pay equity for women in state employment was finally achieved, with recurring, typically minor pay adjustments in local governments occurring regularly.
Federal law: Lilly Ledbetter Fair Pay Act
In 2009,
President Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
signed the
Lilly Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act of 2009 (, ) is a landmark federal statute in the United States that was the first bill signed into law by U.S. President Barack Obama on January 29, 2009. The act amends Title VII of the Civil Rights Act of 1964 ...
, permitting women to sue employers for unfair pay up to 180 days after receiving an unfair paycheck. On 29 January 2016, he signed an
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
obliging all companies with at least 100 employees to disclose the pay of all workers to the federal government, with breakdowns of pay by race, gender, and ethnicity. The goal is to encourage employers to give equal pay for equal work by increasing transparency.
Massachusetts
In August 2016, Massachusetts Governor
Charlie Baker
Charles Duane Baker Jr. (born November 13, 1956) is an American politician and businessman serving as the 72nd governor of Massachusetts since 2015. A member of the Republican Party, Baker was a cabinet official under two governors of Massach ...
signed a bill to improve upon the already existing Massachusetts Equal Pay Act. On July 1, 2018, this updated amendment went into effect to protect employees from being asked their previous salary by their current employer. Governor Baker sought change in the current system after recognizing that women in their respective fields, on average, were making 76 cents on the dollar compared to men doing the same job. Under the updated Massachusetts Equal Pay Act, employers are not allowed to have disparity in pay for employees doing a job that requires the same level of skill, effort, and responsibility. The Massachusetts Equal Pay Act only permits differences in pay when it is based on merit, seniority, revenue generated, education, and location or travel. At the time of its arrival in 2018, the Massachusetts Equal Pay Act became the strongest advocate for equal pay between genders in the United States. It became the first state to provide affirmative defense to employers under the condition they have performed a self-audit of their pay practices. In order to be protected, there needs to be proven record of efforts made to close the disparity in pay before they become liable for double of the discriminated employee's lost wages.
State and local laws, 2010s
California and New York City have adopted laws which prohibit employers from asking about salary history to determine the salary that will be offered for a new job. This is intended to narrow the gender pay gap by reducing the impact of past discrimination. Many other U.S. states were considering similar laws, as of May 2017.
Australia
In 1948, the Universal Declaration of Human Rights started to recognize equal pay for equal work. The Equal Remuneration Convention was released in 1951 by the International Labour Organization. The convention stated that it recommends jobs to be classified according to the nature of the work rather than who is performing the work. Women and men participated in protests, calling the government to fix the 1951 convention and make equal pay the law in Australia. In 1969, there was a case brought to the ACAC by the Australasian Meat Industry Employees Union against the Meat and Allied Trades Federation. Workers argued for equal pay for every employee and the ruling of the commission was that the general female award minimum wage at 85 per cent of the male wage. This decision helped equal pay for women who were working the same job that traditionally the men would do, but all the other women got the 85 per cent. In 1972 the decision was reassessed and rules that either women or men who are working at a similar job that has a similar value, are eligible for the same working rate.
Under Australia's old centralised wage fixing system, "equal pay for work of equal value" by women was introduced in 1969. Anti-discrimination on the basis of sex was legislated in 1984.
Canada
In Canadian usage, the terms ''pay equity'' and ''pay equality'' are used somewhat differently from in other countries. The two terms refer to distinctly separate legal concepts.
''Pay equality'', or equal pay for equal work, refers to the requirement that men and women be paid the same if performing the same job in the same organization. For example, a female electrician must be paid the same as a male electrician in the same organization. Reasonable differences are permitted if due to seniority or merit.
''Pay equality'' is required by law in each of
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
's 14 legislative jurisdictions (ten provinces, three territories, and the federal government). Note that federal legislation applies only to those employers in certain federally regulated industries such as banks, broadcasters, and airlines, to name a few. For most employers, the relevant legislation is that of the respective province or territory.
For federally regulated employers, pay equality is guaranteed under the
Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
. In Ontario, pay equality is required under the Ontario Employment Standards Act. Every Canadian jurisdiction has similar legislation, although the name of the law will vary.
In contrast, ''pay equity'', in the Canadian context, means that male-dominated occupations and female-dominated occupations of comparable value must be paid the same if within the same employer. The Canadian term ''pay equity'' is referred to as "comparable worth" in the US. For example, if an organization's nurses and electricians are deemed to have jobs of equal importance, they must be paid the same. One way of distinguishing the concepts is to note that ''pay equality'' addresses the rights of women employees as individuals, whereas ''pay equity'' addresses the rights of female-dominated occupations as groups.
Certain Canadian jurisdictions have ''pay equity'' legislation while others do not, hence the necessity of distinguishing between ''pay equity'' and ''pay equality'' in Canadian usage. For example, in Ontario, ''pay equality'' is guaranteed through the Ontario Employment Standards Act while ''pay equity'' is guaranteed through the Ontario Pay Equity Act. On the other hand, the three westernmost provinces (British Columbia, Alberta, and Saskatchewan) have ''pay equality'' legislation but no ''pay equity'' legislation. Some provinces (for example, Manitoba) have legislation that requires ''pay equity'' for public sector employers but not for private sector employers; meanwhile, ''pay equality'' legislation applies to everyone.
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
through Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women, and also ensuring that men and women have the right to an adequate means of livelihood. While these
Directive Principles
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there in are considered 'Fund ...
are not enforceable by any court of law, they are crucial to the governance of the country and a state is duty bound to consider them while enacting laws.
While "equal pay for equal work" is not expressly a constitutional right, it has been read into the Constitution through the interpretation of Articles 14, 15 and 16 – which guarantee equality before the law, protection against discrimination and equality of opportunity in matters of public employment. The
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
has also declared this to be a constitutional goal, available to every individual and capable of being attained through the enforcement of their fundamental rights set out in Articles 14 through 16. In a popular Supreme Court decision, the conditions of employment of the air-hostesses of Air India was challenged. The terms of employment required the mandatory retirement of females: (i) upon attaining the age of 33; (ii) if they were married within four years of service; or (iii) upon their first pregnancy. The court however struck down these provisions and held them to be arbitrary and discriminatory as it violated Articles 14, 15 and 16 of the Constitution.
Statutory Protection
In 1976, the Equal Remuneration Act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. This legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this Act. However, its scope does not extend to situations where: (i) a woman is attempting to comply with the requirements of laws giving women special treatment; and (ii) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death. Companies and individual employers can both be held accountable to maintain the standards prescribed under this Act. In various cases, the
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. However, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed.
Taiwan
Taiwan legislated the Act of Gender Equality in Employment in 2002. It regulates that an employer must give the same salary to the workers who do the same work. The law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply. Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph.
Criticism
Criticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured. Some believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange. They argue the fundamental issue is that the employer is the owner of the job, not the government or the employee. The employer negotiates the job and pays according to performance, not according to job duties. Others contend that men are perceived to be high performers based on the same skill that a woman would have been able to do. A private business would not want to lose its best performers by compensating them less and can ill afford paying its lower performers higher because the overall productivity will decline.Vedantam, Shankar (2009) Caveat for Employers " Washington Post, June 1, 2009, page A8Jackson, Derrick (2009) Subtle, and stubborn, race bias " Boston Globe, July 6, 2009, page A10 However, the
Independent Women's Forum
The Independent Women's Forum (IWF) is a conservatism in the United States, conservative American non-profit organization focused on economic policy issues of concern to women.
gender pay gap
The gender pay gap or gender wage gap is the average difference between the remuneration for men and women who are working. Women are generally found to be paid less than men. There are two distinct numbers regarding the pay gap: non-adjusted ...
by allowing women to negotiate for equivalent pay (rather than a salary history which may reflect past discrimination) and by shaming employers into treating men and women equally.
United States
A number of jurisdictions in the United States have enacted laws which require employers to furnish salary ranges per role on job advertisements.
Colorado
In 2019,
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
's Equal Pay for Equal Work Act was passed and signed into law, effective January 21, 2021. During its first year, as the only US state with such a law,
software engineer
Software engineering is a systematic engineering approach to software development.
A software engineer is a person who applies the principles of software engineering to design, develop, maintain, test, and evaluate computer software. The term ''p ...
Aaron Batilos noticed that the rising need for
remote work
Remote work, also called work from home (WFH), work from anywhere, telework, remote job, mobile work, and distance work is an employment arrangement in which employees do not commute to a central place of work, such as an office building, ware ...
during the
COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
was overwhelmingly excluding the state of Colorado. He started a website, ''coloradoexcluded.com'', which found hundreds of companies, including
Nike
Nike often refers to:
* Nike (mythology), a Greek goddess who personifies victory
* Nike, Inc., a major American producer of athletic shoes, apparel, and sports equipment
Nike may also refer to:
People
* Nike (name), a surname and feminine give ...
,
Airbnb
Airbnb, Inc. ( ), based in San Francisco, California, operates an online marketplace focused on short-term homestays and experiences. The company acts as a broker and charges a commission from each booking. The company was founded in 2008 b ...
,
Spotify
Spotify (; ) is a proprietary Swedish audio streaming and media services provider founded on 23 April 2006 by Daniel Ek and Martin Lorentzon. It is one of the largest music streaming service providers, with over 456 million monthly active us ...
, and
PETA
Peta or PETA may refer to:
Acronym
* Pembela Tanah Air, a militia established by the occupying Japanese in Indonesia in 1943
* People for the Ethical Treatment of Animals, an American animal rights organization
* People Eating Tasty Animals, an ...
, were excluding Colorado from hiring to avoid posting salary ranges. In July 2022, the
Colorado Department of Labor and Employment
The Colorado Department of Labor and Employment (CDLE) connects job seekers with great jobs, provides an up-to-date and accurate picture of the economy to help decision making, assists workers who have been injured on the job, ensures fair labor pr ...
(CDLE) warning companies with a presence in Colorado that they were required to comply or face fines of $10,000 per violation. Following CDLE's warning, the number of companies attempting to circumvent the law was drastically reduced.
New York
In December 2020,
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
passed Int. 1208-2018, which was signed into law in January 2021. The law was originally set to take effect on May 15, 2022, but was later delayed until November 1, 2022, after pushback from businesses resulted in amendments which limited the requirement to jobs which are physically located within the city limits. A state-wide bill, Senate Bill (SB) S9427, was passed June 3, 2022, but as of September 2022, Governor
Kathy Hochul
Kathleen Hochul ( ; née Courtney; born August 27, 1958) is an American politician serving as the 57th governor of New York since August 24, 2021. A member of the Democratic Party, she is New York's first female governor, as well as the firs ...
had not yet signed the bill into law.
Washington
During 2021–2022, software engineer
Cher Scarlett
Cher Scarlett (born ) is an American software engineer and writer. She is a workers' rights activist and has organized staff at Apple, Activision Blizzard, and Starbucks.
Scarlett, who has bipolar disorder, experienced struggles in her early l ...
lobbied for an amendment to Washington's Equal Pay and Opportunities Act of 2019, which previously only required employers to disclose salary ranges upon request and prohibited the practice of requesting a candidate's salary history. SB 5761 expanded the salary range requirement to all Washington job postings, and was signed into law on March 30, 2022, effective January 1, 2023. Scarlett called on the states of New York and California to enact similar laws to end the exclusion of Colorado workers from job postings.
California
In February 2022, Senator
Monique Limón
Monique Limón (born October 30, 1979) is an American politician serving as a member of the California State Senate. She is a Democrat representing the 19th Senate District, encompassing all of Santa Barbara County, as well as over half of Ve ...
introduced SB 1162. It was passed on August 30, 2022, and signed into law September 27, 2022, effective January 1, 2023. Additionally, under the 2022 amendment, employers with 100 or more employees must also submit an annual pay data report to the
California Department of Fair Employment and Housing
The California Civil Rights Department (CRD) (formerly known as the ''Department of Fair Employment and Housing (DFEH)'') is an agency of California state government charged with the protection of residents from employment, housing and public ac ...
.
See also
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Allonby v. Accrington and Rossendale College
''Allonby v Accrington & Rossendale College'' (2004C-256/01is a European Union law case concerning the right of men and women to equal pay for work of equal value under Article 141 of the Treaty of the European Community.
Background
Part-time ...
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Equal Pay Day
Equal Pay Day is the list of minor secular observances#April, symbolic day dedicated to raising awareness of the gender pay gap. In the United States, this date symbolizes how far into the year the average median woman must work (in addition to ...
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Feminization of poverty
Feminization of poverty refers to a trend of increasing economic inequality, inequality in living standards between men and women due to the widening gender pay gap, gender gap in poverty. This phenomenon largely links to how women and children ar ...
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Gender pay gap in India
Gender pay gap in India refers to the difference in earnings between women and men in the paid employment and the labor market. For the year 2013, the gender pay gap in India was estimated to be 24.81%. Further, while analyzing the level of female ...
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Glass ceiling
A glass ceiling is a metaphor usually applied to women, used to represent an invisible barrier that prevents a given demographic from rising beyond a certain level in a hierarchy.Federal Glass Ceiling Commission''Solid Investments: Making Full ...
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Law of one price
The law of one price (LOOP) states that in the absence of trade frictions (such as transport costs and tariffs), and under conditions of free competition and price flexibility (where no individual sellers or buyers have power to manipulate prices ...