DOCSLIB.ORG

Proquest Dissertations

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Proquest Dissertations INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI^ Bell & Howell Information and beaming 300 North Zeeb Road, Ann Aitx)r, Mi 48106-1346 USA 800-521-0600 THE IMPACT OF INTEREST GROUPS ON JUDICIAL DECISION MAKING; A COMPARISON OF WOMEN’S GROUPS IN THE U.S. AND CANADA DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Lori Joanne Hausegger, B.A., M.A. ***** The Ohio State University 1999 Dissertation Committee: Approved by Professor Lawrence Baum, Advisor Professor Gregory Caldeiia Professor Elliot Slotnick Advisor Political Science Department UMI Number: 9941342 UMI Microform 9941342 Copyright 1999, by UMI Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. UMI 300 North Zeeb Road Ann Arbor, MI 48103 Copyright by Lori Joanne Hai^egger 1999 ABSTEIACT This project is a study of the determinants of judicial behaviour and judicial policy. It focuses on the impact of interest groups on judicial decisions and examines the success and influence of women’s interest groups before the American and Canadian Supreme Courts. The first part of the dissertation involves multivariate analyses of individual cases with decisions analyzed in terms of both outcomes (reversal or affirmance) and doctrines (judicial reasoning supporting the outcomes). The second part of the project shifts the focus to qualitative analyses of the development of doctrine in policy areas in order to examine the extent to which groups are successful and influential over the long term in the areas of interest to them. Those analyses consider development of judicial doctrine as well as legislative action on the same issues. The analyses in the first part of the project discovered that two of the three American groups studied were both successful and influential in terms of case outcomes. The Canadian group was also successful and influential at this level. However, none of the women’s groups were particularly influential at the case level in terms of doctrine. The second part of the project discovered that the women’s groups did have influence on the development of doctrine in the long term. The analyses also discovered that American models of judicial decision making do not have as much explanatory power in Canada at the individual case level. However, the Supreme Courts in both countries did appear to be ii influenced by similar factors over the long term. The study concluded that women’s groups’ litigation is worth the time and resources devoted to it. Ill To My Parents IV ACKNOWLEDGMENTS I would like to thank the various people and institutions that have supported me over the course of this project. The Social Science and Humanities Research Council of Canada (SSHRC) provided financial support throughout most of my Ph.D. program. The GSARA Travel Grant I received from the Graduate School at the Ohio State University allowed me to go to the Canadian Supreme Court to collect my data. The Presidential Fellowship they awarded me allowed me to concentrate on the dissertation during the last year of my program. The Department of Pohtical Science at Ohio State provided yearly funding which allowed me to pursue the Ph D. I would also like to thank the professors at the University of Calgary who encouraged me to come to Ohio State University and the various professors at Ohio State who helped make my years here so rewarding. A special thank you goes to Professors Gregory Caldeiia and Elliot Slotnick who have ta u ^ t me so much. Professor Caldeira has made me think harder about my own country than I ever have and has pointed out various areas to pursue. Professor Slotnick has always been willing to talk with me and has been a constant source of support in this endeavor. His advice on graduate school and placement has been invaluable. Rich Timpone, Greg Strizek, and Jan Box-Steffensmeier have provided quantitative help along the way - patiently answering my numerous questions and steering me in the right direction. Ian Brodie has answered Canadian questions throughout the years without complaint. Troy Riddell and Robert Roach have helped with the collection of some of the data used here and Troy in particular has been called on for advice at frequent intervals. Their friendship and support has helped me enormously. The Weisbergs have been a family away from home. Thank you for sharing Pippin and Frohlie with us and for making our time in Columbus wonderful. Thank you also to Carol Mock for being so generous with her time and her puppies. Without my weekly break the dissertation may never have been finished. And a thank you to all the Ohio State graduate students who have given me good memories of Ohio State. In particular, I would like to thank Deb Wituski, Greg Strizek and Matt Diascro, without whose fiiendship I would have never overcome my homesickness. I did not expect to leave grad school with life long fnends - 1 have been very fortunate. Thank you Deb for being there for me always and for all the fun times we’ve had. You’re the very best of friends. Most importantly I would like to thank my advisor, Larry Baum. He has devoted endless hours to reading my work. He has helped me puzzle out my project, and throughout the process has encouraged me and calmed my fears - always going beyond the call of duly without complaint. He has been the most important person in my academic career. No one has taught me more, shown me better habits or made me think as carefully. I caimot express how thankful I am to have had him as an advisor - or how happy I am to know him. Thank you Dr. Baum for everything. Finally I thank my family. Without the support of the Chuichs and the Hauseggers none of this would have been possible. Their belief in me has helped me finish this vi pursuit A special thank you to my proof reader - my father - without whom I am lost. And to my mother for her endless letters and cards which helped sustain me this far from home. Lastly, to Craig... we did it! Without you I would have been back in Calgaiy after two months. Thank you for your endless support and patience. Now the fun begins. Vll VITA June 8,1970 ..........................................Bom - Calgary, Alberta 1992...................................................... B.A. (HON), University of Calgary 1994...................................................... M.A. Political Science, University of Calgary 1994-1998............................................. Graduate Teaching and Research Associate, The Ohio State University 1999...................................................... Presidential Fellow, The Ohio State University PUBLICATIONS Lori Hausegger and Lawrence Baum (1999). “Inviting Congressional Action: A Study of Supreme Court Motivations in Statutory Interpretation.” American Journal o f Political Science A3: 162-185. Lori Hausegger and Lawrence Baum (1998). “Behind the Scenes: The Supreme Court and Congress in Statutory Interpretation.” In Great Theatre: The American Congress in the 1990s, eds. Herbert F. Weisberg and Samuel Patterson. New York, NY: Cambridge University Press. FIELDS OF STUDY Major Field: Political Science Studies in Judicial Politics vni TABLE OF CONTENTS Page Abstract............................................................................................................................... ii Dedication .......................................................................................................................... iv Acknowledgments ............................................................................................................... v Vita.................................................................................................................................. viii List of Tables..................................................................................................................... xi Chapters: 1. Introduction ......................................................................................................................1 1.1 Success: outcome and doctrine .........................................................4 1.2 Group influence in litigation
Load more

Recommended publications
  • Sex-Based Wage Discrimination Under Title VII: Equal Pay for Equal Work Or Equal Pay for Comparable Work?
    William & Mary Law Review Volume 22 (1980-1981) Issue 3 Article 3 March 1981 Sex-Based Wage Discrimination Under Title VII: Equal Pay for Equal Work or Equal Pay for Comparable Work? Faith D. Ruderfer Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Civil Rights and Discrimination Commons Repository Citation Faith D. Ruderfer, Sex-Based Wage Discrimination Under Title VII: Equal Pay for Equal Work or Equal Pay for Comparable Work?, 22 Wm. & Mary L. Rev. 421 (1981), https://scholarship.law.wm.edu/wmlr/vol22/iss3/3 Copyright c 1981 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr NOTES SEX-BASED WAGE DISCRIMINATION UNDER TITLE VII: EQUAL PAY FOR EQUAL WORK OR EQUAL PAY FOR COMPARABLE WORK? The number of women entering the labor force has risen steadily during the past half-century,1 but women have not achieved wage equality with their male colleagues in the workplace.2 After many years of abortive legislative efforts,3 Congress enacted two statutes now used to remedy sex-based wage discrimination: the Equal Pay Act of 19634 and the Civil Rights Act of 1964. 5 The Equal Pay Act, 1. In 1978, 50% of all women in the U.S. were employed in labor outside their homes. Herman, Progress and Problems for Working Women, 30 LAB. L.J. 195, 195 (1979). See W. CHAFE, THE AMERICAN WOMAN; CHANGING SOCIAL, ECONOMIC AND POLITICAL ROLES, 1920- 1970 (1972); Gitt & Gelb, Beyond the Equal Pay Act: Expanding Wage Differential Protec- tions Under Title VII, 8 Loy.
    [Show full text]
  • Sex-Based Wage Discrimination: One Step Beyond the Equal Pay Act Lisa Levine Shapiro
    Hofstra Law Review Volume 9 | Issue 5 Article 9 1981 Sex-Based Wage Discrimination: One Step Beyond the Equal Pay Act Lisa Levine Shapiro Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Shapiro, Lisa Levine (1981) "Sex-Based Wage Discrimination: One Step Beyond the Equal Pay Act," Hofstra Law Review: Vol. 9: Iss. 5, Article 9. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol9/iss5/9 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Shapiro: Sex-Based Wage Discrimination: One Step Beyond the Equal Pay Act SEX-BASED WAGE DISCRIMINATION: ONE STEP BEYOND THE EQUAL PAY ACT Both the Equal Pay Act1 (EPA) and Title VII of the Civil Rights Act of 19642 (Title VII) protect workers against sex-based wage discrimination. Unfortunately, neither the EPA nor Title VII has been sufficiently effective in remedying the differential in wage rates between males and females.3 The EPA has afforded only lim- 1. 29 U.S.C. § 206(d) (1976). The EPA provides in part: No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to em- ployees in such establishment at a rate less than the rate at which he pays
    [Show full text]
  • Maternity Leave: Taking Sex Differences Into Account
    University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 4-1986 Maternity Leave: Taking Sex Differences Into Account Nancy E. Dowd University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Labor and Employment Law Commons Recommended Citation Nancy E. Dowd, Maternity Leave: Taking Sex Differences Into Account, 54 Fordham L. Rev. 699 (1986), available at http://scholarship.law.ufl.edu/facultypub/433 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. MATERNITY LEAVE: TAKING SEX DIFFERENCES INTO ACCOUNT NANCYE. DOWD* INTRODUCTION TrofE reconciliation of employment responsibilities with the demands Xof childbirth and child-rearing remains a critical issue in the achieve- ment of true equal employment opportunity for women. One of the prin- cipal factors contributing to the difference in the employment status of men and women is the resistance of the workplace to accommodating childbirth and parental responsibilities. This resistance has a dispropor- tionate impact on women who by their sex bear the burden of pregnancy, and who by social custom bear the primary responsibility for child- rearing. Traditionally employers regarded pregnancy and childbirth as incom- patible with work and therefore as a justification for barring pregnant women from the workplace.' The assumption that once women became mothers they would stay at home to raise their children, rather than work, underlay the relegation of working women to the status of margi- nal or temporary employees.2 With the passage of Title VIII and the Pregnancy Discrimination Act (PDA),4 the primary focus of litigation has been to remove the barriers to equal employment opportunity created by these policies.
    [Show full text]
  • Was Duplessis Right? Roderick A
    Document generated on 09/27/2021 4:21 p.m. McGill Law Journal Revue de droit de McGill Was Duplessis Right? Roderick A. Macdonald The Legacy of Roncarelli v. Duplessis, 1959-2009 Article abstract L’héritage de l’affaire Roncarelli c. Duplessis, 1959-2009 Given the inclination of legal scholars to progressively displace the meaning of Volume 55, Number 3, September 2010 a judicial decision from its context toward abstract propositions, it is no surprise that at its fiftieth anniversary, Roncarelli v. Duplessis has come to be URI: https://id.erudit.org/iderudit/1000618ar interpreted in Manichean terms. The complex currents of postwar society and DOI: https://doi.org/10.7202/1000618ar politics in Quebec are reduced to a simple story of good and evil in which evil is incarnated in Duplessis’s “persecution” of Roncarelli. See table of contents In this paper the author argues for a more nuanced interpretation of the case. He suggests that the thirteen opinions delivered at trial and on appeal reflect several debates about society, the state and law that are as important now as half a century ago. The personal socio-demography of the judges authoring Publisher(s) these opinions may have predisposed them to decide one way or the other; McGill Law Journal / Revue de droit de McGill however, the majority and dissenting opinions also diverged (even if unconsciously) in their philosophical leanings in relation to social theory ISSN (internormative pluralism), political theory (communitarianism), and legal theory (pragmatic instrumentalism). Today, these dimensions can be seen to 0024-9041 (print) provide support for each of the positions argued by Duplessis’s counsel in 1920-6356 (digital) Roncarelli given the state of the law in 1946.
    [Show full text]
  • The Honourable Justice Louis Lebel**
    A COMMON LAW OF THE WORLD? THE RECEPTION OF CUSTOMARY INTERNATIONAL LAW IN THE CANADIAN COMMON LAW* The Honourable Justice Louis LeBel** INTRODUCTION In an increasingly globalized world, the importance of international law to our domestic legal system continues to grow. This growth is both exponential and multi- dimensional. International law had been traditionally concerned with relations between states and about the status and action of international organizations. But today, not only is international law having a greater impact than ever on the state of domestic law, it also influences more areas of domestic law than ever. These areas include human rights, labour law, commercial law, intellectual property law, immigration and refugee law, and criminal law, to name but a few. In this paper, I intend to focus on the means by which customary international law exerts its influence on the Canadian domestic legal culture. As will be discussed in greater detail below, customary international law is developed by state practice and the recognition of the legally binding nature of this practice, while other parts of international law are grounded in treaties and other multilateral instruments, which reflect the contractual activities of states and organizations. I will address some intricacies of this process. Before I do so, however, I will use again an analogy which, at least for the classical music lovers, may be of some assistance to understand the issues of interaction of international and domestic law. A number of years ago, I co-wrote an article describing how the reception of international law into the Canadian legal order could be usefully compared to two distinct classical musical styles.
    [Show full text]
  • 71 History of Factums Je Côté* I
    HISTORY OF FACTUMS 71 HISTORY OF FACTUMS J.E. CÔTÉ* The history of the factum in Canada is little known Bien que l’histoire du mémoire au Canada soit peu but greatly significant in the development of written connue, elle a contribué de façon importante à argument. Written argument grew alongside the oral l’avènement de l’argumentation écrite, qui évolué en legal tradition. The factum developed in Canada in an parallèle avec la tradition de l’exposé oral. Le unorthodox way. Unlike most Canadian laws and mémoire s’est implanté au Canada selon une voie peu procedures, which find their roots in common law orthodoxe. Contrairement à la plupart des lois et England, the factum originated in Quebec’s civil procédures canadiennes qui prennent leur fondement jurisdiction before being adopted in the Northwest dans la common law de l’Angleterre, le mémoire a pris Territories. This article explores the evolution of son origine dans le système de droit civil du Québec written argument and the historical use of the factum avant d’être adopté dans les Territoires du Nord- in the United Kingdom and Canada and details the Ouest. Outre un survol de l’évolution de practice of factum use in Alberta particularly. l’argumentation écrite et de la façon dont on a eu recours au mémoire au Royaume-Uni et au Canada par le passé, l’article expose en détail l’utilisation du mémoire en Alberta. TABLE OF CONTENTS I. INTRODUCTION .............................................. 71 II. EVOLUTION ................................................ 72 A. THE UNITED KINGDOM ................................... 72 B. QUEBEC ............................................... 74 C. THE SUPREME COURT OF CANADA .........................
    [Show full text]
  • Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans V
    Volume 86 Issue 2 Article 10 January 1984 Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans v. Norris: Mandate of Manhart Michele Grinberg West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Civil Rights and Discrimination Commons, Labor and Employment Law Commons, and the Law and Gender Commons Recommended Citation Michele Grinberg, Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans v. Norris: Mandate of Manhart, 86 W. Va. L. Rev. (1984). Available at: https://researchrepository.wvu.edu/wvlr/vol86/iss2/10 This Case Comment is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Grinberg: Arizona Governing Committee for Tax Deferred Annuity and Deferred STUDENT MATERIAL Case Comments ARIZONA GOVERNING COMMITTEE FOR TAX DEFERRED ANNUITY AND DEFERRED COMPENSATION PLANS V NORRIS: MANDATE OF MANHART I. INTRODUCTION In 1964 Congress passed the most far-reaching civil rights legislation since the reconstruction era.' Included in the Civil Rights Act of 19642 was the controversial3 Title VII, Equal Employment Opportunities Act.4 As originally conceived, Title VII was designed to eliminate discrimination in employment based on race, color, religion, or national origin.5 Before
    [Show full text]
  • Procedural Fairness and the Drafting of Reasons
    Procedural Fairness and the Drafting of Reasons 17th Advanced Administrative Law & Practice The Canadian Institute October 24 - 25, 2017 Ottawa, Ontario Graham J. Clarke Arbitrator/Mediator 2 Procedural Fairness and the Drafting of Reasons TABLE OF CONTENTS Introduction ................................................................................................................................ 3 Recent Procedural Fairness Cases ............................................................................................ 4 Bias: Appearances Matter ...................................................................................................... 4 Evidence ................................................................................................................................ 5 Raising and deciding novel issues during the drafting process ............................................... 7 Quorum Matters: how much assistance can a decision maker receive? ................................. 8 A conclusion is not a decision ................................................................................................11 Conclusion ................................................................................................................................13 17th Advanced Administrative Law and Practice Graham J. Clarke The Canadian Institute Arbitrator/Mediator October 24-25, 2017 Ottawa, Ontario 3 Procedural Fairness and the Drafting of Reasons INTRODUCTION1 A client asked his new lawyer to guess why he had chosen to send him
    [Show full text]
  • A Gentle Reminder That Traditional Class Action Principles Are Not Passé?
    A Gentle Reminder that Traditional Class Action Principles are not Passé? Christine Carron Senior Partner, Ogilvy Renault INTRODUCTION The Supreme Court of Canada’s decision in Bisaillon v. Concordia University will certainly spark a plethora of commentary from labour law specialists. In a narrow decision (four to three, Justices McLachlin, Bastarache and Binnie dissenting), the Supreme Court held that disputes arising over funding of the University’s pension plan were subject to the exclusive jurisdiction of a labour arbitrator and could not be resolved by way of a class action proceeding before the Quebec Superior Court. It is significant that there was no disagreement among the justices as to the principles that govern class action proceedings, collective agreements and the jurisdiction of arbitrators under those agreements. The justices were divided only with respect to the application of those principles to the specific facts of the case. We will leave it to others specializing in labour law to opine on whether the application of those principles to the facts at issue in the case will stand the test of time. Instead, this paper will focus on some of the principles applicable to class actions that were clearly enunciated and over which there was no disagreement. The reason is two-fold. First, these principles transcend the arena of labour law and have far-reaching implications for class actions generally. Second, their enunciation is all the more important given the paucity of judgments from the Supreme Court in Quebec class action proceedings. This paucity is due largely to the fact that judgments authorizing class actions may not be appealed in Quebec and many defendants prefer to settle when a class action is certified1 rather than risk an adverse judgment on the merits.
    [Show full text]
  • Beyond a Reasonable Doubt: Does It Apply to Finding the Law As Well As
    Beyond a Reasonable Doubt:Does it Apply to Finding the Law asWell as the Facts? Martin Friedland* 1. Introduction About a year ago I published an article in the Criminal Law Quarterly in which I examined the concept of proof beyond a reasonable doubt in criminal trials.1 I looked at its application to the proof of facts, historically, comparatively, and analytically. The standard of proof of facts Ð everyone agrees Ð plays a crucial role in the criminal process. What role does reasonable doubt play with respect to determining the criminal law, particularly the scope of statutory provisions? I had nevergivenseriousthoughttotheissue.Iknew,ofcourse,thatthereis a rule of strict construction of criminal legislation Ð known in the United States as the Rule of Lenity Ð and assumed that the rule only applies if there is a tie, which is really a balance of probability test. In other words, the better argument wins, with the ultimate burden being on the Crown.2 Many, if not most, readers probably assume this is the correct approach. The standard for finding the criminal law, like the standard of proof of facts, is important, yet surprisingly little has been written aboutit inCanada,3 unlikeinthe UnitedStates,wherethereare many major articles.4 There are, of course, relatively brief discussions in * Martin Friedland, CC, QC, University Professor and Professor of Law Emeritus, University of Toronto. I would like to thank Pavle Levkovic and Michael Stenbring for their excellent research assistance. I am also grateful to Ben Berger, Michael Code, Timothy Endicott, Matthew Gourlay, Kent Roach, Bob Sharpe, Simon Stern, Malcolm Thorburn, and Wes Wilson for their helpful comments on earlier drafts.
    [Show full text]
  • 1981-1982 Annual Survey of Labor Relations and Employment Discrimimation Law
    Boston College Law Review Volume 24 Article 2 Issue 1 Number 1 12-1-1982 1981-1982 Annual Survey of Labor Relations and Employment Discrimimation Law Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Labor and Employment Law Commons Recommended Citation 1981-1982 Annual Survey of Labor Relations and Employment Discrimimation Law, 24 B.C.L. Rev. 47 (1982), http://lawdigitalcommons.bc.edu/bclr/vol24/iss1/2 This Survey is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. 1981-1982 ANNUAL SURVEY OF LABOR RELATIONS AND EMPLOYMENT DISCRIMINATION LAW LABOR RELATIONS LAW I. REPRESENTATIONAL AND ORGANIZATIONAL ACTIVITY 51 A. Bargaining Unit Determination 51 1. Religious/Lay Employee Units: Mercy Hospital of Buffalo v. NLRB 51 2. Application of "Labor-Nexus" Test to Determine Exclusion of "Confidential Employees" from NLRA: NLRB v. Hendricks County Rural Electric Membership Corporation 60 B. Elections, Invalidity of Minority Quotas for Union Elective Offices: Donovan v. Illinois Education Association 74 II. UNFAIR LABOR PRACTICES 79 A. Employer Unfair Labor Practices 79 1. The Selective Disciplining of Labor Union Officials— Two Contrasting Views.. Fournelle v. NLRB and NLRB v. Armour-Dial, Inc. 79 2. Partial Closing Decisions: First National Maintenance Corp. v. National Labor Relations Board 95 3. Successor Employer's Duty to Bargain With a Union: NLRB v.
    [Show full text]
  • A Victory for Comparable Worth: IUE V. Westinghouse Electric Corp
    Buffalo Law Review Volume 30 Number 1 Thirtieth Anniversary Issue Article 11 1-1-1981 A Victory for Comparable Worth: IUE v. Westinghouse Electric Corp. Alice A. Joseffer Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Labor and Employment Law Commons Recommended Citation Alice A. Joseffer, A Victory for Comparable Worth: IUE v. Westinghouse Electric Corp., 30 Buff. L. Rev. 185 (1981). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol30/iss1/11 This Comment is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. A VICTORY FOR COMPARABLE WORTH: IUE v. WESTINGHOUSE ELECTRIC CORP.* "Comparable worth," "the last issue to ripen under Title VII" and the first "truly jurisdictional question" to be faced under the law1 may be one of the most important Equal Employment Oppor- tunity issues of the 1980's.2 The essence of the comparable worth theory is that whole categories of jobs are traditionally under- valued and underpaid because they are predominantly "women's jobs"' and such underpayment constitutes sex-based wage discrim- ination under Title VII of the Civil Rights Act of 1964.4 Although Title VII was drafted to eliminate employment discrimination in all forms,5 its scope in sex-based wage discrimination claims has been limited, until recently, by the equal work provision of the Equal Pay Act of 1963.6 The Equal Pay Act of 19637 provides that individuals doing equal work8 must be paid equal wages.
    [Show full text]