Leyth Jamal, a transgender female, filed a federal lawsuit against Saks Fifth Avenue, claiming she was exposed to a hostile work environment when she was employed there. On December 29, 2014, Saks filed a motion to dismiss the case, arguing that trans identity is not protected under the law. The Department of Justice has recently taken the stance that anti-trans discrimination illegal under Title VII of the Civil Rights Act. In 2012, the EEOC also held that transgender discrimination (also known as gender identity discrimination) is unlawful. See Macy v. Department of Justice, EEOC Appeal No. 0120120821 (April 20, 2012). Those agency rulings, however, are not necessarily binding on the court. This case will be one to watch.
Courts Weigh-In on Gender Differences in Salary Negotiation
Research shows that women are more reticent than men to negotiate their salary offers. One study of graduating MBA students found that half of the men had negotiated their job offers as compared to only one eighth of the women. This pattern has also been observed in survey studies of working adults.
Researchers have examined why, and the answer has more to do with how women are treated when they negotiate than with their general confidence or skills at negotiation. Several studies suggest that the social cost of negotiating for higher pay is greater for women than it is for men.
In November 2014, the Fifth Circuit released an opinion (Thibodeaux-Woody v. Houston Community College), addressing this very issue. The case asked whether an employer violates the law when it treats female and male job candidates differently in the salary negotiation process.
Margaret D. Thibodeaux-Woody began working as a part-time, adjunct faculty member for Houston Community College ("HCC") in 1998. In 2008, she applied for one of HCC’s two open program manager positions. During her interview, she asked the interviewer if she could negotiate a starting salary higher than what was offered. The interviewer replied that this was not possible. HCC eventually hired her at the originally offered salary. Mr. Corder, a male candidate for the same position, also asked his interviewer if he could negotiate a higher salary. That interviewer forwarded the request up the chain of command to the human resources department. HCC eventually hired Mr. Corder at a salary higher than the original offer (and higher than Ms. Woody’s salary). Ms. Woody also presented evidence that HCC had an informal policy that permitted negotiation, and that her interviewer would have known of the policy at the time of her interview. In fact, her interviewer was included on e-mails regarding Mr. Corder’s salary negotiation, but kept quiet about Ms. Woody’s request to negotiate.
Woody sued for sex discrimination, but the trial court dismissed her case. On appeal, however, the Fifth Circuit reversed and sent the case back to the trial court. It held that there was a "genuine issue of fact" as to whether HCC made wage negotiations equally available to male and female candidates.
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