Wage discrimination and comparable worth: A legal perspective

Summary

In "Wage Discrimination and Comparable Worth: A Legal Perspective," Isabelle Katz Pinzler and Deborah Ellis examine the theoretical capacity of federal law to remedy widespread sex- and race-based wage discrimination, contrasting it with the practical shortcomings in judicial application. Published in the Journal of Social Issues in 1989, the article highlights a critical disconnect: while the legal framework exists, courts are not consistently employing it to achieve wage equity. The paper clarifies that "comparable worth" itself is not presented as a legal problem or a standalone theory of liability. Instead, it is framed as a methodological tool and a potential remedy. Comparable worth studies can be instrumental in demonstrating the existence of wage discrimination, thereby serving as a crucial component of evidence in legal proceedings. Should plaintiffs successfully prove discrimination, the article suggests that wages based on the comparable worth of jobs could be mandated as a remedial measure. The core of the article focuses on identifying and discussing various approaches to reconcile the current judicial methods with the inherent potential of the law to rectify wage inequities, suggesting avenues for more effective legal intervention.