National Post (National Edition)

Is the gender gap actually based on gender?

- Howard levitt Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers. He practises employment law in eight provinces. The most recent of his six books is War Stories from the Workplace: Columns by Howard Levitt. hlevitt@levittllp.com

The #MeToo movement and the virtue signalling of our Trudeau and Wynne government­s have coalesced on one goal: the eliminatio­n of Canada’s “gender pay gap.” Wynne in particular has passed various pieces of legislatio­n purportedl­y designed to eliminate it.

But, to paraphrase what Trudeau so famously said, “(This) is 2018.”

Is Canada’s gender pay gap in 2018 still a product of discrimina­tion? If not, should it be redressed, or even eliminated?

Put another way, if the gap is caused by market forces, not discrimina­tion, would legislatio­n seeking to eliminate it actually be harmful?

A January 2018 Stanford University study on gender and the gig economy, analyzing close to two million Uber drivers, who were selected for rides based on algorithms unrelated to gender, still found a seven-per-cent gender wage gap. Half of that related to male drivers working longer hours. The other half (and who will be surprised by this) related to males, on average, driving faster, thereby getting to their destinatio­ns quicker and being available to pick up the next customer.

Another study issued the same month from the National Bureau of Economic Research, based on Danish data, found that almost all of the difference in wages between Danish men and women were the result of womens’ decision to have children. Despite 52-week paid leaves and government-subsidized daycare, the study found that the arrival of children resulted in a long-term wage gap of 20 per cent, caused by resultant labour force participat­ion, hours of work and wage rates. Over the 23 years of this study, other sources of the wage gap in Denmark had been almost eliminated but the “child penalty” stubbornly persisted. As in Denmark, North American studies have found there to be effectivel­y no wage gap between men and women who have not had children. So is the gender wage gap actually based on gender?

I recall one female lawyer, now managing partner of another labour law firm, confiding in me that she did not expect to earn as much as her male peers because, at that time in her life, she prioritize­d time with her children and was not prepared to work the hours of her peers. She believed that paying her as much as them would have been unfair.

Should government have forced her employer to pay her as much as it did her male colleagues working longer hours? If it did, would those male lawyers continue to work as hard? Of greater significan­ce, if government forced employers to pay women who choose to work 9 to 5 in order to spend time with their children the same as lawyers who spend most dinners and weekend lunches at their desks, how likely would employers be to hire women with young children or of child-bearing age?

As American Enterprise Institute’s Kay Hymowitz poignantly noted, after reviewing the Uber and Danish studies: “Feminists have long promised that stronger social policies would bring about gender equality. On the evidence of (this) Danish study and similar ones, they do not. The average woman cuts back when her kids are born regardless of whether the government offers long-term paid leave or heavily subsidized childcare. Taken together, the Uber and Danish studies provide more insight into the reality of male and female wage difference­s, difference­s that the practition­ers of outrage theatre from the U.K.’s gender gap reporting legislatio­n to America’s Equal Pay day, do their best to evade.”

THE AVERAGE WOMAN CUTS BACK WHEN HER KIDS ARE BORN.

 ??  ??

Newspapers in English

Newspapers from Canada