Women and Justice: Keywords

Legislation

Act of Gender Equality in Employment Act (2016)

Employment discrimination, LGBTIQ, Sexual harassment

The Act of Gender Equality in Employment (the “AGEE”) was enacted to protect gender equality in the workplace and promote the spirit of gender equality as enshrined in Article 7 of the Constitution. Chapter II of the AGEE provides that employers shall not discriminate against employees because of their gender or sexual orientation when hiring, evaluating, promoting, providing education, training and welfare, paying wages and in the case of retirement, discharge, severance and termination. Employers must also implement measures for preventing and correcting sexual harassment and establish complaint procedures and disciplinary measures. Employers who are found to be in violation of the AGEE may be fined between N.T. $20,000 and $1,500,000, depending on the offence. The names and titles of offenders and their supervisors will also be put on public notice and they will have to make improvements within a specified period. Failure to do so will result in further punishment.



Code of Virginia: Equal Pay Irrespective of Sex (Va. Code Ann. § 40.1-28.6)

Employment discrimination, Gender discrimination

This Virginia law prohibits employers from discriminating between employees on the basis of sex by paying less wages to employees of a certain sex than employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.



Royal Decree of 25 April 2014 (2014)

Employment discrimination, Gender discrimination

Pursuant to the Pay Gap Law of 22 April 2012, a mediator may be appointed to generate an action plan for gender neutrality or to intercede with employees who feel victimized by unfair treatment at work. This Royal Decree of 25 April 2014 determines the role and the qualifications of the mediator, enumerates the deontological rules s/he must respect, and describes the mediation procedures. 



Domestic Case Law

Lavin-McEleney v. Marist College United States Court of Appeals for the Second Circuit (2001)

Employment discrimination, Gender discrimination

The plaintiff, a female professor sued the defendant, alleging that her salary raises were less than those of comparable male professors in violation of the Equal Pay Act and Title VII. At trial, both parties’ experts provided statistical evidence based on multiple regression analyses controlled to eliminate any observed gender disparity, including rank, years of service, division, tenure status, and degrees earned. Both experts found a difference in pay between comparable men and women, but disagreed about the statistical significance of that difference. The District Court for the Southern District of New York entered judgment for the plaintiff. The defendant appealed, arguing that the plaintiff had failed to make a case for discrimination because she had not identified a specific higher-paid male professor in her department and that she had impermissibly compared herself to a male employee statistical composite rather than an actual male employee. The Second Circuit affirmed the district court’s decision, holding that the plaintiff had identified a specific male comparator since only two other professors were comparable in each of the five categories identified by the expert witnesses, and one of them was a male professor who received higher pay. The Second Circuit further held that it was proper for the professor to introduce



Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc Court of Appeal of New Zealand (2014)

Gender discrimination

The work of caring for the elderly is “predominately performed by women.” Caregivers employed by Terranova alleged that both male and female caregivers were being paid less “than would be the case if caregiving of the aged were not work predominantly performed by women.” Terranova appealed the judgment of the Employment Court. On appeal, Terranova argued that the Act referred specifically to equal pay, rather than pay equity. The Court of Appeal rejected their argument, stating that “Pay equity is about equal pay. It is equal pay for work of equal value.” The Court relied on 3(1)(b) of the Equal Pay Act which “requires that equal pay for women for work predominantly or exclusively performed by women, is to be determined by reference to what men would be paid to do the same work abstracting from skills, responsibility, conditions and degrees of effort as well as from any systemic undervaluation of the work derived from current or historical or structural gender discrimination.” Terranova’s appeal was dismissed.