Terry M. Dworkin, Cindy A. Schipani, Frances J. Milliken, Madeline K. Kneeland
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引用次数: 5
Abstract
Overt gender discrimination in the workplace is now less frequent since the passage of the Civil Rights Act; however, subconscious workplace gender biases persist. These subtle biases continue to contribute to gender inequality in the employment context, hindering women's ability to reach the top ranks of corporate leadership and their ability to achieve pay equity. To combat this inequity, in this article, we advance several suggestions. First, we urge states to pass legislation requiring paycheck fairness and urge firms to institute policies of salary transparency. Next, when there is a lack of women in the highest corporate ranks of the company, a presumption of discrimination should replace the current legal framework in the courts for disparate treatment analysis in Title VII cases of gender discrimination. We further suggest that firms would do well to improve mentoring and networking programs for women to help even the playing field and call on companies to offer implicit bias training for men. Finally, we urge firms to improve the environment for women in the workplace by adopting and sincerely promoting family-friendly policies. Not only would these recommendations be just, they would also likely increase productivity in the corporate world and help resolve the paradox surrounding the paucity of women in top leadership positions.
自从《民权法案》(Civil Rights Act)通过以来,工作场所明显的性别歧视已经不那么频繁了;然而,潜意识中的职场性别偏见依然存在。这些微妙的偏见继续导致就业环境中的性别不平等,阻碍了女性进入公司高层的能力,也阻碍了她们实现薪酬平等的能力。为了消除这种不平等,在本文中,我们提出了几点建议。首先,我们敦促各州通过要求工资公平的立法,并敦促公司制定工资透明的政策。其次,当公司的最高职位中缺乏女性时,歧视推定应取代法院在第七章性别歧视案件中进行差别待遇分析的现行法律框架。我们进一步建议,公司应该改善对女性的指导和网络项目,以帮助平衡竞争环境,并呼吁公司为男性提供隐性偏见培训。最后,我们敦促各公司通过采纳和真诚地促进家庭友好政策来改善妇女在工作场所的环境。这些建议不仅公正,还可能提高企业界的生产力,并有助于解决围绕女性在高层领导职位上缺乏的矛盾。
期刊介绍:
The ABLJ is a faculty-edited, double blind peer reviewed journal, continuously published since 1963. Our mission is to publish only top quality law review articles that make a scholarly contribution to all areas of law that impact business theory and practice. We search for those articles that articulate a novel research question and make a meaningful contribution directly relevant to scholars and practitioners of business law. The blind peer review process means legal scholars well-versed in the relevant specialty area have determined selected articles are original, thorough, important, and timely. Faculty editors assure the authors’ contribution to scholarship is evident. We aim to elevate legal scholarship and inform responsible business decisions.