Abstract

In the previous article written by Gary Siniscalco, Lauri Damrell, and Clara Morain Nabity [The Pay Gap, the Glass Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act], the authors argue that the pay gap is not primarily caused by employer discrimination, but rather can be attributed to many factors, including the "glass ceiling" and choices made by women regarding occupation, caregiving, and commitment to the workforce. Thus, they argue that we should not place blame on employers and focus on the reach of anti-discrimination laws, and should instead acknowledge that there is a broader problem caused by entrenched social norms that are difficult to change.

I have a slightly different perspective. Although I agree with the authors' assertion that much of the pay gap is caused by the choices men and women make, I disagree with them in several respects. First, I disagree that employers are primarily blamed for the pay gap. In fact, I have argued elsewhere that the pay gap is often blamed on the choices women make. Second, and more importantly, I believe that most workplace choices made by women (and men) are constrained by social norms and workplace structures that are not compatible with balancing work and family. And, finally, although I agree with the authors that the proposed Paycheck Fairness Act (PFA or Act) cannot solve all of the problems with the Equal Pay Act (EPA), I believe it can make a dent in the pay gap, especially with a few minor tweaks.

This abstract has been adapted from the author's introduction.

Document Type

Response or Comment

Publication Date

Spring 2014

Publication Information

29 ABA Journal of Labor & Employment Law 429-445 (2014)

Comments

A response to Gary Siniscalco, Lauri Damrell & Clara Morain Nabity, The Pay Gap, the Glass Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act, 29 A.B.A J. LAB. & EMP. L. 395 (2014).

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