Gender Wage Inequality: Is More Legislation the Answer

Summary

Barnhart's paper, "Gender Wage Inequality: Is More Legislation the Answer?", published in the Seattle University Law Review in 2017, serves as a comprehensive "Comment" on the enduring issue of gender wage disparity in the United States. The methodology employed in the paper involves a multi-faceted approach, beginning with an examination of how the gender pay gap is calculated. It proceeds to provide an overview of both federal and state laws designed to protect women from wage inequality, highlighting key legislative efforts such as the Equal Pay Act. A significant portion of the analysis is dedicated to a close examination of the California Fair Pay Act, one of the nation's most stringent equal pay laws, scrutinizing its plain language to discuss potential negative, unintended consequences. Furthermore, the paper delves into the underlying societal and economic factors that contribute to the persistent wage disparity between men and women. The findings reveal that despite decades of legislation, gender wage inequality remains an unfortunate truth in the American workforce. The paper underscores that while laws like the Equal Pay Act were foundational steps, current legislation, exemplified by the California Fair Pay Act, requires careful consideration due to possible adverse effects. It identifies that factors beyond explicit discrimination contribute significantly to the gap, suggesting that legislative solutions alone might not fully address the complex issue. The analysis implicitly critiques the sole reliance on legislative measures by exploring the nuances and potential drawbacks of such interventions. In terms of implications, the paper ultimately moves beyond merely identifying the problem to proposing practical solutions. It concludes with three specific recommendations aimed at employers, suggesting that proactive measures within workplaces are crucial for effectively eliminating gender wage inequality throughout the United States. This indicates a shift in focus towards corporate responsibility and internal policy adjustments as vital components of a comprehensive strategy to achieve pay equity.