Document Type
Article
Disciplines
Civil Rights and Discrimination | Labor and Employment Law
Abstract
Universities are workplaces replete with observed gender pay gaps despite the legal protections in place to mitigate against such a reality. This Article analyzes recent university gender pay equity lawsuits to examine their efficacy in four types of litigation: (1) Class and Collection Action; (2) Government Action; (3) Union Action; and (4) Individual Action. From these case studies of different types of litigation, we learn several important lessons about prosecuting equal pay laws and how to best protect against unequal pay.
First, the Article sets forth the gender pay equity landscape, including the national pay gap picture, the legal framework of federal, state, and local laws enacted to close the gap, and the enforcement efforts by federal and state agencies.
The Article then examines the gender pay gap in university workplaces and identifies indicators of pay inequity for female faculty: overrepresentation in parttime work; overrepresentation in contingent positions; and underrepresentation in the highest-paid ranks. It then discusses the keys to uncovering pay disparity.
Next, the Article identifies representative gender pay equity litigations against universities and provides a taxonomy of gender pay equity litigation against universities by type and analyzes lessons learned, successes gained, and concessions made, in the fight for pay equity in university workplaces. Analyzing the litigations from a client-centered lens allows for a deeper understanding of what is at stake in pay equity litigations.
The Article is replete with personal observations by the author, who had the honor of representing female faculty in gender pay equity litigations, as well as serving as a faculty member at a school sued for gender pay equity. From that unique perspective, the Article ends with a catalog of strategic considerations for women facing pay inequity in their university positions.
Recommended Citation
RUAN, NANTIYA, "Fighting Institutional Betrayal: Gender Pay Equity Litigation Against University Employers" (2024). Connecticut Law Review. 615.
https://digitalcommons.lib.uconn.edu/law_review/615