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Original Articles

Comparable worth in the united states legal and administrative developments in the 1980's

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Pages 799-821 | Published online: 26 Jun 2007

References

  • 29 U.S.C. Section 206 (d).
  • 42 U.S.C. Section 2000(e) et seg.
  • 29 U.S.C. Section 206 (d) (1).
  • 42 U.S.C. Section 2000e-2(h).
  • Wirtz v. Wheaton Glass Co. 1970 . cert. denied 398 – U.S.905 . 421 F.2d 259 (3d Cir.) Brennan v. Prince William Hospital Corp. , 503 F2d 282 (4th Cir. 1974), cert, denied. 420 U.S. 972 (1975); and Angelo v. Bacharach Instrument Co., 555 F2d 1164 (3d Cir. 1977).5.
  • Iowa , Christensen v. 563 F2d 353 (8th Cir. 1977) and Lemons v. Denver, 620 F2d 228 (10th Cir. 1980).
  • 452 U.S. 161 (1981).
  • Id 162
  • The Bureau of National Affairs . 1985 . “ Pay Equity and Comparable Worth ” . In A BNA Report 15 – 16 .
  • Bond v. Madison County Mutual Insurance Co. 853 F.2d 1173 (7th Cir. 1981), cert. denied, 454 U.S. 1146 (1982); Briggs v. City of Madison. 536 F. Supp. 435 (W.D. Wisc. 1982); Connecticut State Employees Assoc. v. State of Connecticut, 31 Fair Empl. Prac. Cas. (BNA) 191 (D. Conn. 1983); and Francoeur v. Corroon & Black Corp. , 552 F. Supp. 403 (W.D. Wisc. 1982)
  • 1983 . 578 F. Supp. 846 W.D.Wash.
  • Griggs v. Duke Power Co. 1971 . 401 U.S. 424
  • 1981 . Texas Department of Community Affairs v. Burdine 450 U.S. 248
  • State of Washington v. AFSCME . 1985 . 770 F2d 1401
  • Id 1405
  • Id 1407
  • Id
  • Spaulding v. University of Washington . This limited view of statistical evidence was based in large part on an earlier Ninth Circuit decision in which the court reached the rather remarkable conclusion that “if the plaintiff only presents the circumstantial evidence of statistics in lieu of all other proof of discriminatory intent, the case becomes a case of disparate impact.704 F2d 686 (9th Cir. 1984) at 703
  • Scheibal , William . 1988 . AFSCME v. Washington The Continued Viability of Title VII in Comparable Worth Actions . Public Personnel Management , 17 ( 3 ) : 315 – 322 . Fall at 317
  • Wilkins v. University of Houston. 654 F2d 388 (5th Cir. 1981) at 395; and Davis v. California. 613 F2d 957 (D.C. Cir. 1979) at 962.
  • 433 U.S. 299 (1977) at 307-308.
  • 478 U.S. 385 at 400.
  • No. 87-1167.
  • No. 87-1387.
  • Id 7
  • Id 13
  • Id 16
  • Id 9
  • Wilkes , Martin v. 1989 . See especially No. 87-1614 Lorance v. AT & T Technologies, Inc., No. 87-1428 (1989)
  • By “politicization” is meant simply adding a political bias or imprint to the decision making process using criteria that are subjective or keyed to who has power or influence. However, this in not the first use of the politicization term in comparable worth. Steel and Lovrich (“Comparable Worth: The Problematic Politicization of a Public Personnel Issue, Public Personnel Management 1987) have adopted the term in their assessment of the levels of support for comparable worth among women. Politicization, their usage, is problematic because survey research data of federal and Washington state employees in the early 1980's shows that females were more satisfied with their salaries than males.
  • Minnesota (1982) Statutes a:840, (1984) Statutes 7, sec. 471.991.
  • Hyde , A.C. 1988 . “ The New Environment for Compensation and Performance, Evaluation in the Public Sector ” . In Public Personnel Management For a recent overview of the aspects of the new compensation debate (not to mention concern with the widening pay gap between federal and private sector employees, last reported at 28%.), see Winter
  • Treiman , D.J. and Hartman , H.J. 1981 . Women, Work, and Wages: Equal Pay for Equal Value , Washington : National Academy Press .
  • U.S. Commission of Civil Rights . June 6-7 1984 . “ Comparable Worth: Issue for the 80's. A Consultation of the U.S. Commission on Civil Rights ” . Vol. 1 , June 6-7 , Papers; vol. 2, Proceedings
  • July 13 1985 . July 13 , U.S General Accounting Office . For exampleGAO/GGD-84-90U.S. General Accounting Office, Distribution of Male and Female Employees in Four Federal Classification Systems. GAO/GGD-85-20 (November 27, 1985). U.S. General Accounting Office, Options for Conducting a Pay Equity Study of Federal Pay and Classification Systems, GAO/GGD-85-37 (March 1, 1985). Description of Selected Systems for Classifying Federal Civilian Positions and Personnel
  • U. S. Office of Personnel Management . September 1987 . Comparable Worth for Federal Jobs: A Wrong Turn off the Road Toward Pay Equity and Women's Career Advancement September , Also note The Bureaucrat Winter 1987-88 “Point-Counterpoint” Patricia Schroeder “OPM Missed the Point” p.8 and Constance Horner “Argument Undermined” p.9.
  • Johansen , Elaine . 1984 . Comparable Worth: The Myth and the Movement , Boulder, CO : Westview Press .
  • U.S. General Accounting office . September 1986 . Pay Equity: Status of State Activities September , GAO/GGD-86-141BR
  • Chi , Keon S. 1986 . “ Comparable Worth in State Governments ” . In Book of the States , 291 – 4 . Council of State Governments . See, for examplefor a summary review of State developments
  • Rothchild , Nina and Watkins , Bonnie . 1987 . Pay Equity in Minnesota: The Facts Are In . The Review of Public Personnel Administration , 7 ( 3 ) : 16 – 28 . Summer
  • Kittleson , Mary . 1985 . Legislative and Executive Developments in Comparable worth at the Federal, State, and Local Levels . Paper presented to ASPA Regional Conference . October 1985 , Monterey, CA. Ironically, on October 4, 1989, as reported New York Times (October 7, 1989, p. 1) the California State Employees 1984 lawsuit (affecting over 60,000 female workers — the largest Comparable Worth suit filled to date) was dismissed by Federal District Judge Marilyn Hall Patel who stated California “pay scale reflected market rates, not deliberate sex discrimination. Kittleson also predicted in that paper that comparable worth would not have a legal solution in California
  • Wesman , Elizabeth C. 1988 . Unions and Comparable Worth: Progress in the Public Sector . Journal of Collective Negotiations , 17 ( 1 ) : 13 – 27 .
  • Lazear , Edward P. , ed. 1989 . The Journal of Economic Perspectives 3 – 71 . Winter
  • Smith , James and Ward , Michael . 1989 . Woman in to Labor Market and in the Family . Journal of Economic Perspectives , : 9 – 23 . Winter
  • Bergmann , Barbara R. 1989 . Does the Market for Women's Labor Need Fixing . Journal of Economic Perspectives , : 43 – 60 . Winter

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