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92 Tul. L. Rev. 719 (2017-2018)

handle is hein.journals/tulr92 and id is 759 raw text is: Promulgating Parity: An Argument for a States-Based Approach to Valuing Women's Work and Ensuring Pay Equity in the United States Alexandra N. Phillips* I. INTRODUCTION. ................................ ......720 II. CURRENT STATE OF THE UNITED STATES GENDER WAGE GAP .............................................. 721 A. What Is the Gender Wage Gap? .......721 B. Who Does the Gender Wage Gap Affect? .... .....722 Ill. FACTORS THAT MAY ACCOUNT FOR THE GENDER WAGE GAP ..............................................725 A. Undervaluation of Women's Work . ............725 B. Occupational Segregation............... .....727 C. The Mothering Effect .............. .......727 D. Negotiation in Pay ...........................728 E. Intentional Discrimination .............. .....729 IV. EXISTING AND PROPOSED LEGAL REMEDIES TO CLOSE THE GENDER WAGE GAP..............................730 A. Equal Pay Act of 1963 ..........................730 B. Title VII of the Civil Rights Act of 1964 .... ......734 C. Lilly Ledbetter Fair Pay Act of 2009 ................736 D. Proposed Paycheck Fairness Act....... ...............737 E. Proposed Equal Rights Amendment ..... ........738 IV. PROPOSAL: AN ARGUMENT FOR A STATES-BASED APPROACH TO VALUING WOMEN'S WORK AND ENSURING PAY EQUITY IN THE UNITED STATES.......................739 A. Mandatory Wage Disclosure .................740 B. Paid Family Leave ........................741 V. CONCLUSION .......................................743 * C 2018 Alexandra N. Phillips. J.D. candidate, 2018, Tulane University Law School; B.S.M./B.A. 2013, Tulane University. First, I would like to thank Professor Saru Matambanadzo, whose guidance and feedback was instrumental in shaping both this Comment and the way that I view the world around me. I also want to thank the Tulane Law Review members and staff for their tireless work and unwavering support. Finally, I want to thank my mother and father for always pushing me to grow and encouraging me to fight for what is right. 719

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