Legal issues and statistical approaches to reverse pay discrimination in higher education

Abstract

There have been numerous lawsuits within higher education brought by females over pay inequity and many articles have been written on the topic. Although not as prevalent, there have been some recent instances where male faculty have claimed-with some degree of success-that the process used by their institutions to make salary adjustments for females was unfair and led to reverse pay discrimination. In this paper, we examine some of the legal issues and statistical approaches surrounding claims of reverse sex discrimination in pay in the field of higher education. We begin by reviewing the way in which legal cases examine sex discrimination in pay in academe and the different approaches that institutions can take to remove pay disparities for women. We show that across-the-board salary adjustments for women are less likely than individualized salary adjustments to raise concerns about the salary determination process and possibly reverse discrimination, and lead to lower costs to the institution. These differences arise regardless of the salary model specification used by an institution when making salary adjustments. Finally, we use a model developed by the plaintiffs in a salary equity study at one institution to demonstrate the effects of using different adjustment methods on the total cost to the institution when making salary equity adjustments for both genders.

Tracking the Gender Pay Gap: A Case Study

“…Some administrators may fear that any salary adjustments explicitly based on such studies would be an invitation for additional complaints from aggrieved parties (i.e., male faculty). However, analysts have suggested that across-the-board adjustments are less likely to promote additional disputes (Eckes & Toutkoushian, 2006). Regardless of the approach, it would be possible to have a phased plan whereby some degree of progress might be assured over a designated time period, for example, a $1,000 increment across-the-board to women in each of 3 years.…”

Table of Contents

“…Recommendations to remedy gender-based salary inequity have evolved over time in light of research findings and in response to legal challenges and outcomes of litigation over gender-based pay inequity and pay discrimination. When gender-based pay inequities are found, salary adjustments can be made both across the board and individually (Eckes and Toutkoushian, 2006). Other strategies for salary inequity focus on prevention by examining pay differentials at time of hiring.…”