County of Washington v. Gunther opened the door to Title VII claims of sex-based wage discrimination not cognizable under the Equal Pay Act's "equal work" standard. However, the opinion's language purports to restrict significantly the range of such claims and to avoid the issue of whether a sex-discrimination case can be made out simply by showing that the "comparable worth" of a "woman's job" is equal to that of a higher paying "man's job." We first analyze the restrictions that the Court suggested and find them wanting on both logical and pragmatic grounds. We then examine the economic framework of wage discrimination and find that, because of the way in which market forces operate, sex-based wage discrimination among job categories is an unlikely explanation for the divergence between male and female salaries. Moreover, we examine the legal doctrine of "comparable worth" as an alternative to market mechanisms for controlling sex-based wage discrimination and find it wanting. Finally, we map out a route for judicial resolution of post-Gunther sex-based wage discrimination claims that is consistent with both general Title VII law and economic analysis.
No takes yet. Share an insight, caveat, or question.
Lindsay et al. (1982) studied this question.