Paycheck Fairness Act, cont’d

by Walter Olson on September 28, 2010

An editorial in today’s Washington Post describes it as “a flawed approach to job bias” that “would allow employees and courts to intrude too far into core business decisions,” and Jon Hyman rounds up some critical coverage in the employment-law blogosphere. Earlier here.

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PointOfLaw Forum
09.29.10 at 9:02 am


1 steve mansfield 09.30.10 at 2:33 pm

It appears to me that the underlying goal of this piece of misguided legislation is to enshrine the theory of comparable worth into federal law. Comparable worth is the concept that a federal judge or an EEOC flunky can determine that totally dissimilar jobs can be assessed financial value. For example, a teacher has the same value as an oilrig worker even though the oilrig job is much more dangerous. And, since oilrig workers, who are 95% male, are paid much more than elementary school teachers, who are 85% female, under comparable worth this is gender discrimination.

2 David Smith 10.08.10 at 6:54 pm

In Berkeley, whenever the equal worth nuts opened up, I got seriously hated by suggesting someone start a business in a labor intensive industry. Hire only women and wipe out the competition.

No one ever did it.

3 John David Galt 10.08.10 at 9:02 pm

It’s unlikely that the same company will ever employ both teachers and oil rig workers (to use David’s example). So ultimately, the only way the leftists will ever succeed in getting “comparable worth” is to start dictating pay scales to every employer. If you think I’m being alarmist, look at France and Germany, where it’s already happened and resulted in “structural” unemployment rates that amount to a permanent depression.

This is what’s in store for us if the likes of Obama and Pelosi stay in power, or ever return to power.

4 Jack Wilson 10.09.10 at 8:10 am

David Smith: In one of John Stossel’s books, he relates the story of a guy who tried just that: hired only women, figuring that would give him the profit margin he needed to blow everyone else away. Didn’t work, of course.

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