scholarly journals Women's Approaches to Negotiation: The Role of Negotiation in the Gender Pay Gap

2020 ◽  
Author(s):  
Delaney Arth

The gender pay gap has a long and well-documented history. The Equal Pay Act of 1963 was passed in an attempt to combat this gap in wages between men and women, but as of 2019 women still on average earn less than 80% of what their male counterparts do. Countless factors contribute to this discrepancy, from gender norms to workplace culture to wage structure and so much more. Though there is a significant literature discussing the gender pay gap, the majority of it focuses on external barriers to equality, including but not limited to institutional inequality, social norms, and workplace discrimination. Fewer scholars have addressed the internalized barriers to equality in the workplace that women face—such as how gendered norms and expectations may affect workplace behaviors such as negotiating compensation packages. My project employs qualitative content coding and individual breakdown of semi-structured, in-depth interviews to investigate if, how, and why women’s approaches to negotiation may contribute to pay inequity in professional positions. My findings confirm a discrepancy in rates of negotiation between male and female respondents. They also suggest that divergences in the circumstances surrounding negotiations as well as in approaches to negotiation exist between men and women, and among workers with various levels of seniority. Finally, my findings in combination with existing literature suggest a link between negotiation and the gender pay gap.

2019 ◽  
pp. 302-327
Author(s):  
Stephen Taylor ◽  
Astra Emir

This chapter discusses the evolution of equal pay law in the UK, selection of comparator by the claimant, employer defences and remedies, bringing a claim, bringing equal pay cases using sex discrimination statutes, and critiques of equal pay law. The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010. A claimant is required to name a comparator of the opposite sex who she claims is paid more than she is, without good reason, despite doing the same work, broadly similar work, work which has been rated as equivalent or work of equal value. Equal pay law has been criticised for failing to bring about equality in pay between men and women. Suggested reforms include placing a positive duty on employers to take action to eliminate unequal pay. The chapter also considers gender pay gap reporting.


2018 ◽  
Vol 50 (4) ◽  
pp. 189-195
Author(s):  
Kurt Stanberry

This article addresses new approaches to address a long-standing employment compensation problem—the gender pay gap. Existing approaches, including the Equal Pay Act and Title VII, are more than 50 years old, and have only been marginally successful in resolving this problem. A pay gap based on gender remains a problem today. New approaches include the potential passage of the Paycheck Fairness Act at the federal level and a variety of laws at the state level. Some states have passed pay equity laws that are more successful than the federal law due to the use of the comparable work concept. Additionally, some states have passed laws regulating the asking of salary history questions, as well as the use of non-compete and no-poaching agreements, all of which have a chilling effect on pay equity. The result of the combination of these actions is a probable reduction of the gender pay gap, although eliminating it remains a distant goal.


Author(s):  
Adeboye M. Adelekan ◽  
Mark H.R. Bussin

Orientation: The gender pay gap is a worldwide challenge that has persisted despite political will and interventions. Comparably qualified women performing similar work as men continue to earn less. There are conflicting views in the literature regarding the status of the gender pay gap.Research purpose: The purpose of the study was to determine status of the gender pay gap among employees in the same salary band and to establish whether men and women receive similar pay for similar work in the study population.Motivation for study: The status of the gender pay gap would establish the progress made towards closing the gap and guide necessary adjustments to interventions.Research approach/design and method: A quantitative analysis was conducted on the pay information of 217 902 employees collected in a survey from over 700 companies, across 10 job families and 6 industries.Main findings: Men’s pay was consistently higher than that of women in all salary bands except at the 75th and 95th percentile in sub-bands B-lower and B-upper and 25th percentile in sub-band E-upper. The gender pay gap ranged from 8% in band A to 27.1% in sub-band F-upper. The gaps observed in the salary bands were statistically significant (p < 0.0001) except in sub-band E-upper, F-lower and F-upper, indicating convergence towards similar pay for similar work at senior to top management levels. Women were under-represented in all salary bands with the lowest presence in band F, especially sub-band F-upper. Gender, race, job family and industry have a significant effect on income earned in the study sample.Practical/managerial implications: Government’s efforts seemed to have produced minimal results as women are represented in all job families, industries and salary bands. The pay of men and women in senior and top management levels was similar. However, more still needs to be done to achieve the 50% target representation of women in senior management and close the gap at all levels.Contribution/value-add: The number of women at management levels is still very low when compared to their male counterparts. However, the gender pay gap in senior to top management positions are converging towards similar pay for work of similar value.


Author(s):  
Oana Ancuţa Stângaciu

The actions taken for the promotion of the equality of opportunity between men and women and for eliminating the direct or the indirect discrimination apply to the field of employment as well as to the field of education, health, culture, information and the participation in the decision making process. Starting from one of the objectives of the Strategy for the equality of opportunity, being aware of the real situation of women participation compared to men participation to the economical and social life, this analysis offers a perspective on the equality of opportunity between men and women in the field of employment, seen based on the statistical data. Thus, in order to quantify this phenomenon using methods specific to the statistical analysis, we used the gender pay gap indicator pertaining to the EU member states per total economy, as well as per economical activities, and the research results show that on the EU level there are still significant gender pay gaps.


Author(s):  
Elizabeth George ◽  
Karen Jackson

This chapter examines Part 5 of the Equality Act 2010, which prohibits discrimination, harassment, and victimization in employment and analogous situations. It contains provisions regarding those who are not strictly employees but who are also protected from discrimination in the course of performing their duties such as police officers, partners, barristers and advocates, and other office holders. Part 5 also contains the Occupational Pension Schemes provisions. Meanwhile, Chapter 3 of Part 5 contains the provisions relating to equal pay, pregnancy and maternity pay, restrictions on pay discussions, and gender pay gap information. The Act consolidates and replaces the previous anti-discrimination legislation which is largely replicated in the Act, with some notable amendments. These amendments are intended to unify the level of protection across all of the protected characteristics and to resolve any anomalies, for example around disability-related discrimination.


2020 ◽  
pp. 163-176
Author(s):  
Astra Emir

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.


2021 ◽  
pp. 125-134
Author(s):  
Rafael García García ◽  
Miriam Judit Gómez Romero
Keyword(s):  

Author(s):  
David Cabrelli

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.


2018 ◽  
Vol 33 (2) ◽  
pp. 123-137 ◽  
Author(s):  
Roopkiran Kohout ◽  
Parbudyal Singh

Purpose The purpose of this paper is to examine the experiences of marginalized women in achieving equal pay for work of equal value. The research focuses on Ontario, Canada, as this is a leading jurisdiction globally in implementing legislation on pay equity. It provides an opportunity to understand the lived experiences of women whom scholars have identified as particularly vulnerable in workplaces. Design/methodology/approach This is a qualitative research study. Twenty-three interviews were conducted with women defined as marginalized. Thematic analysis was used to analyze the data. Findings Three themes resulted from the analysis: early employment experiences, cultural challenges at work and inequities in pay. The authors found that not only do structural and organizational barriers limit the ability of marginalized women to achieve parity in the workplace but there also is a hidden social element that requires further investigation. Originality/value The gender pay gap is wider for marginalized women, even after three decades since pay equity legislation was implemented in Ontario. There is a dearth of research on why this is the case. This study adds to the literature by focusing on a broader set of factors, in addition to legislation, that must be considered when focusing on solutions to the gender pay gap.


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