The race for legal consensus on eliminating pay disparities

Presentation Type

Abstract

Faculty Advisor

Thomas Loikith

Access Type

Event

Start Date

25-4-2025 10:30 AM

End Date

25-4-2025 11:29 AM

Description

The Equal Pay Act of 1963 (the EPA) generally requires “equal pay for equal work regardless of sex”. States have also enacted laws addressing the gender pay gap. Many of such laws do not target the core issue of the gap. The gap continues to harm women, their families and the national economy. This ongoing gender wage gap is detrimental not only to women’s wages while they are working, but also women's worth in the labor market and society, what can and should be done to eliminate the gender pay gap? This is a complex problem that requires interdisciplinary research to understand it more comprehensively. I used qualitative research methodology, specifically textual analysis, to analyze relevant sources from the disciplines of law and economic sociology. I identified conflicting disciplinary insights, found common ground between them, and through integration arrived at a more comprehensive understanding of the problem. That enabled me to suggest solutions to the research problem. My research is not complete. However, I conclude several things. The EPA and state laws should be updated and enforced. The federal and state governments should enact wage transparency laws and laws prohibiting the use of prior wages as a basis for future compensation. The Supreme Court should resolve the split among Courts of Appeals and hold that prior salary is not a “factor other than sex” exempt from EPA. Employers should implement comparable worth policies and foster a workplace culture emphasizing fair compensation and equal opportunities for women.

Comments

Poster presentation at the 2025 Student Research Symposium.

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Apr 25th, 10:30 AM Apr 25th, 11:29 AM

The race for legal consensus on eliminating pay disparities

The Equal Pay Act of 1963 (the EPA) generally requires “equal pay for equal work regardless of sex”. States have also enacted laws addressing the gender pay gap. Many of such laws do not target the core issue of the gap. The gap continues to harm women, their families and the national economy. This ongoing gender wage gap is detrimental not only to women’s wages while they are working, but also women's worth in the labor market and society, what can and should be done to eliminate the gender pay gap? This is a complex problem that requires interdisciplinary research to understand it more comprehensively. I used qualitative research methodology, specifically textual analysis, to analyze relevant sources from the disciplines of law and economic sociology. I identified conflicting disciplinary insights, found common ground between them, and through integration arrived at a more comprehensive understanding of the problem. That enabled me to suggest solutions to the research problem. My research is not complete. However, I conclude several things. The EPA and state laws should be updated and enforced. The federal and state governments should enact wage transparency laws and laws prohibiting the use of prior wages as a basis for future compensation. The Supreme Court should resolve the split among Courts of Appeals and hold that prior salary is not a “factor other than sex” exempt from EPA. Employers should implement comparable worth policies and foster a workplace culture emphasizing fair compensation and equal opportunities for women.