Legalizing Gender Inequality by Nelson, Robert L.; Bridges, William P.;

Courts, Markets and Unequal Pay for Women in America

Series: Structural Analysis in the Social Sciences; 16;

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Product details:

Publisher Cambridge University Press
Date of Publication 28 May 1999

ISBN 9780521627504
Binding Paperback
No. of pages412 pages
Size 229x153x24 mm
Weight 560 g
Language English
Illustrations 10 b/w illus. 35 tables

Short description:

Legalizing Gender Inequality challenges existing theories of gender inequality within economic, sociological, and legal organization.

Long description:

Legalizing Gender Inequality challenges existing theories of gender inequality within economic, sociological, and legal organizations. The book argues that male-female earnings differentials cannot be explained adequately by market forces, principles of efficiency, or society-wide sexism. Rather it suggests that employing organizations tend to disadvantage holders of predominantly female jobs by denying them power in organizational politics and by reproducing male cultural advantages. These findings contradict major legal precedents which have argued that labor markets and not employers are the source of inequality. The authors further argue that comparable worth is an inappropriate remedy, as such an approach misdiagnoses the causes of gender inequality and often falls prey to the same organizational processes that initially generated this differential. The book argues that the courts have, by uncritically accepting the market explanation for male-female wage disparity, tended to legitimate and to legalize a crucial dimension of gender inequality in American society.

"Legalizing Gender Inequality presents a new organization-centered paradigm for understanding gender-differentials in pay, which promises to turn on its head standard thinking about the relationship between law, markets, and organizations. By offering important new insights into pay equity, gender relations in the workplace, and organization-market relations, Nelson and Bridges make significant contributions to the sociological literatures on gender, law, and organizations." Lauren Edelman, University of California, Berkeley

List of figures and tables; Acknowledgements; 1. Law, markets, and the institutional construction of gender inequality in pay; Part I. Theory and Method: 2. Legal theories of sex-based pay discrimination; 3. Toward an organizational theory of gender inequality in pay; 4. Methodological approach: law cases, case studies, and critical empiricism; Part II. The Case Studies. Section A. Public Sector Organizations: 5. Paternalism and politics in a university pay system: Christensen v. State of Iowa; 6. Bureaucratic politics and gender inequality in a state pay system: AFSCME v. State of Washington; Section B. Private Sector Organizations: 7. Corporate politics, rationalization, and managerial discretion: EEOC v. Sears, Roebuck & Co.; 8. The financial institution as a male, profit-making club: Glass v. Coastal Bank; Part III. Conclusion: Legalizing Gender Inequality: 9. Rethinking the relationship between law, markets, and gender inequality in organizations; Appendix: court documents and case materials used in case studies; References; Index.