The Legal, Ethical, and Strategic Implications of Gender Discrimination in Compensation: Can the Fair Pay Act Succeed Where the Equal Pay Act has Failed?

Catherine C. Giapponi
Sharlene A. McEvoy

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DOI: 10.2190/8733-70W7-3576-6823

Abstract

Despite the fact that the Equal Pay Act has been law since 1963, women's pay lags behind men's at every occupational level. Congress is now considering bills, like the Fair Pay Act and the Paycheck Fairness Act, to remedy salary inequities. This article explores the topic of pay equity as it relates to gender discrimination and provides a review of the research and literature related to the gender pay gap issue. The authors argue that the enforcement of existing law offers more promise in ameliorating pay disparities than does the proposed Fair Pay Act. The authors further contend that there are barriers to change, including social and cultural factors, which have limited the reach and effectiveness of the law in reducing the gender pay disparity.

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