Encyclopedia of Sociology

(Marcin) #1
DISCRIMINATION

distributions simply a matter of gender differ-
ences in preferences or abilities with no implica-
tion of discrimination? Or are women steered
away from lucrative fields, so that gender differen-
tials in salary linked to disciplinary affiliation rep-
resent indirect discrimination in training, recruit-
ment, and hiring? Or does the pattern of occupational
wage differentials mirrored in disciplinary differ-
ences represent direct discrimination, an influ-
ence of gender composition per se on occupation-
al wage structures (England et al. 1988)? In the
latter case, assignment of responsibility for reme-
dy presents particular problems. The university,
like any other single employer, is simultaneously
vulnerable to competitive forces of the wider labor
market and a constituent element of that market.
Defiance of the market by a single organization is
costly to that organization; adherence by all or-
ganizations to the broader occupational wage struc-
ture perpetuates gender inequity and carries broad-
er costs.


This faculty salary study did not examine the
role of scientific ‘‘productivity.’’ But the inclusion
of productivity measures among the control vari-
ables raises further difficulties. On standard ‘‘pro-
ductivity’’ measures, women faculty average lower
scores than men (Fox 1990). Thus, an institutional
study of salary differentials might find some seg-
ment of the male/female salary gap linked to
productivity differences. Fox’s research demon-
strates, however, that gender differences in scien-
tific productivity reflect contrasting levels of re-
sources that institutions provide to male and female
faculty. Like age and rank, the gender difference
in productivity may itself be a product of institu-
tional discrimination. Thus, salary differentials
based on male/female productivity differences
also may represent indirect discrimination. The
new ingredient here is that institutional shaping of
productivity is subtle. Scientific productivity is
ordinarily seen as an outgrowth of talent and
effort, not potentially gender-biased institutional
resource allocation. Solid documentation of this
indirect discrimination process offers another chal-
lenge for researchers.


COMPLEXITIES OF DISCRIMINATION
AND REMEDY

Critical reflection on this decomposition study
highlights a set of interrelated points about the


complex nature of discrimination and unresolved
issues of remedy.


  1. In American society today, the injuries of
    indirect discrimination are often far more
    extensive than those of direct discrimina-
    tion. This conclusion does not imply that
    direct discrimination no longer exists
    (Reskin 1998). The continued operation of
    direct forms of discrimination is indicated
    by employment complaint records. Ameri-
    can women and minorities have filed
    almost 1.5 million job discrimination com-
    plaints since 1965 (Blumrosen 1996, p. 4).
    In 1994 alone, over 150,000 such com-
    plaints were filed; 91,000 to local and
    state agencies and 64,000 to the U.S.
    Equal Employment Opportunity Commis-
    sion (Leonard 1994, p. 24). Of course, not
    all complaints reflect genuine discrimina-
    tion; on the other hand, not all discrimina-
    tion prompts formal complaints. Many
    major corporations were found guilty of
    direct race or gender discrimination in the
    1990s. And employment audits using pair-
    ed, equally qualified applicants reveal
    widespread direct discrimination (Reskin
    1998, pp. 25–29).

  2. Apparently reasonable universalistic princi-
    ples may on closer examination be un-
    necessary or even disfunctional. Scru-
    tiny of employment criteria prompted
    by the Supreme Court’s 1971 Griggs v.
    Duke Power Co. decision has provided
    useful models for challenging nominally
    universalistic standards. Where it is possi-
    ble to substitute standards that do as well
    or better at screening or evaluation with-
    out adversely affecting historical targets of
    discrimination, there are gains for all
    involved.

  3. When gaps in actual qualifications are a
    legacy of discrimination, more extensive
    remedies are needed. Where training
    deficits impair employability, or inade-
    quate preparation impedes admission to
    higher education, attention should be
    given to the earlier schooling processes
    that generated these deficiencies. This
    form of remedy aids future generations. In
    the meantime, compensatory training can

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