This Comment analyzes the new Title VII claim of sex-based wage discrimination, which requires a remedy for women or men based on the comparable worth of distinct work. The author suggests that, until recently, primarily women have been denied the full benefit of Title VII protection because of judicial decisions that have limited compensation to equal work situations. The author argues that women suffering discrimination in unique work situations or in female-dominated work may now find relief. The author suggests that there is continued controversy as to the theories behind such comparable worth claims and provides an examination of the various arguments for such a cause of action, the requisite burdens of proof, employer defenses, and remedies with respect to such claims.
K. J. Headley,
Title VII Comparable Worth Claims: Analysis of Liability, Proof, Defenses, and Remedies for Sex-Based Wage Discrimination,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss4/5