The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

The "Child Penalty" Pay Gap

by David Doorey April 3, 2009
written by David Doorey April 3, 2009

A new study out of Statistics Canada shows that women who have children earn significantly less employment income than women without children.  The study found, for example that, 

 Age-earnings profiles of Canadian mothers and women without children show that women without children systematically earned more than women with children. At age 30, for example, the average earnings of women with and without children age hourly earnings of women with children were $15.20 while those for women without children were $18.10 (2004 dollars). Averaging the differences over all plausible ages showed that hourly earnings of mothers were about 12% lower than those of their childless counterparts.

The gap increases for each child a women has.  For women with university education, the income gap between childless women and mothers exist at every age group.  
The Ontario Human Rights Code prohibits employers from discriminating against women on the basis that they have children.  This is caught by the ground “family status”, which is defined as “the status of being in a parent and child relationship”.  Yet this “child penalty” gap persists.  Is this evidence that the human rights model is a failure?  If so, and if we believe that it is good for society that women not be punished for having children, how could the state change the law to eliminate the gap?   What do you think of the economic argument that mothers earn less than non-mothers because they are less productive (owing to their greater absence from work)?  Should the state accept that rationale and therefore not be concerned with the gap?

1 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Leave Granted in Fraser v. Ontario
next post
100 Employment Law Blogs!

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
Retweet on Twitter David J. Doorey🇨🇦 @TheLawofWork@mas.to Retweeted
peterframpton Peter Frampton @peterframpton ·
27 Mar

I have posted this before but ..

26 years ago, a gunman entered
Dunblane Primary School in Scotland,
killing 16 kids and a teacher. The UK
govt responded by enacting tight gun
control legislation. In the 9400+ days
since, there have been a total of O
school shootings in the UK.

Reply on Twitter 1640422829442121743 Retweet on Twitter 1640422829442121743 52763 Like on Twitter 1640422829442121743 192014 Twitter 1640422829442121743
Retweet on Twitter David J. Doorey🇨🇦 @TheLawofWork@mas.to Retweeted
josheidelson Josh Eidelson @josheidelson ·
21h

Scoop: Labor Board prosecutors have concluded Starbucks illegally refused to fairly negotiate at dozens of newly-unionized cafes across the country https://www.bloomberg.com/news/articles/2023-03-28/starbucks-illegally-refused-to-bargain-on-zoom-nlrb-lawyer-says Starbucks’ refusal to negotiate if some workers participated via Zoom was illegal, NLRB general counsel says

Reply on Twitter 1640509028567506950 Retweet on Twitter 1640509028567506950 233 Like on Twitter 1640509028567506950 670 Twitter 1640509028567506950
Retweet on Twitter David J. Doorey🇨🇦 @TheLawofWork@mas.to Retweeted
alexisshotwell Alexis Shotwell @alexisshotwell ·
27 Mar

This morning the president of @Carleton_U sent out a note underlining his understanding of “how painful labour disruptions can be to communities,” pleading for us to be calm and respectful and to support our students at the end of term. 1/

Reply on Twitter 1640430514627551256 Retweet on Twitter 1640430514627551256 122 Like on Twitter 1640430514627551256 333 Twitter 1640430514627551256
Load More

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.