The Evolution of the Gender Pay Gap

Dr Frances Hamilton is an associate professor at the University of Reading and holds a PhD from Northumbria University, MA from the University of Cambridge, together with an LLM from Trinity College Dublin, and she is also a qualified solicitor (non-practising). Her research interests focus on gender and the law. She has been published internationally in Florida, California, Italy, as well as in the UK, including well-known journals, such as The Journal of Legal History and European Human Rights Law Review. She is the lead editor for an edited collection, Same-Sex Relationships, Law and Social Change, Routledge, 2020 ISBN 978-0-367-07609, including contributions from 14 different international authors. Her teaching interests include being a module leader on the law and society first-year optional module and the core second-year European Union law module, which includes focusing on equality and non-discrimination law in a European Union law context. Dr Elisabeth Griffiths is an associate professor, Northumbria Law School, Northumbria University, and an employment law specialist and expert in equality and diversity law and disability legal studies. She is also a qualified solicitor (non-practising). Her research interests focus on equality, fairness, disability, legal education, and phenomenological approaches to legal research. She is a module leader for employment law and law and society modules. She has been published in The Law Teacher, The International Journal of Discrimination and the Law, and the Journal of International and Comparative Law. She has also written about ableism in academia. In 2017, she was nominated to the newly formed Society of Legal Scholars Equality and Diversity Committee, and in January 2020, she took over as the chair. She also sits on the board of the Socio-Legal Scholars Association and is a trustee and social media editor. In September 2021, she was awarded a professional doctorate in law (DLaw) by Northumbria University on the lived experience of disability in law school.

List of Figures x

List of Contributors xi

Acknowledgements xvi

Foreword xvii

ROBIN ALLEN KC AND DAPHNE ROMNEY KC

Introduction: The Evolution of the Gender Pay Gap: A Comparative Perspective 1

FRANCES HAMILTON

PART ONE

Women in the Workplace, History, Campaigning, and the Future 21

1 The Sex Disqualification (Removal) Act 1919: Its Origins, Passage, and Significance for Working Women 23

MARI TAKAYANAGI

2 Equal Pay, the Women’s Employment Federation, and the Royal Commission 39

ANN MUMFORD

3 Combining Work and Care: The Failure of Work–Life Reconciliation Policies 55

MEGAN PEARSON

PART TWO

Persistent Inequalities in the Professions 71

4 Affect Theory, the Perceived Impact of Judicial Diversity, and the Gender Pay Gap in the Irish Legal Profession 73

CAOIMHE KIERNAN

5 Speaking in a Different Voice: The Gendered Nature of Promotion Applications 95

FRANCES HAMILTON AND ELISABETH GRIFFITHS

6 Gender Pay Gap in the Gig Economy 114

ANDY NOBLE

7 Military Veterans’ Preference: Influence on the Gender Pay Gap in the United States and Beyond 131

CORNELIA WEISS

PART THREE

The Role of Employers and Corporate Social Responsibility 151

8 The Role of Equal Pay Auditing in Resolving Unequal Pay: More Hindrance Than Help? 153

ALEX PATRICK

9 Corporate Social Responsibility and the Gender Pay Gap in the UK—Beyond the Law 169

RACHEL HORTON AND GRAHAM BOX

PART FOUR

International Comparisons 183

10 Prosecuting Pay Equity in Australia: Evolving Strategies in the Context of Declining Institutional Advantages 185

GILLIAN WHITEHOUSE AND MEG SMITH

11 The Persistence of Oppression: The US Gender Pay Gap 202

LAURA FITZPATRICK

The Intractable Nature of the Gender Pay Gap: A Comparative Perspective—Conclusions and Reflections 220

ELISABETH GRIFFITHS

Index 239