Elaine Cyphers, a senior human resources manager at Toshiba, is filing a $100 million lawsuit against a U.S. unit of Toshiba for gender bias against women in pay and promotions. According to Cyphers, only 3.4 percent of Toshiba’s managers worldwide are women. She also cites significant wage discrepancies between men and women. She also alleges that the company has tried to force her from her job because of her complaints about discrimination. This is one of many recent lawsuits over gender discrimination in the workplace.
It is undeniable that gender discrimination still exists in the workplace. Women do get paid lower wages and are much less likely than men to be promoted in managerial positions. But in my opinion, lawsuits are not the right way to fix this. Workplace culture does not change readily, and while the discrimination is certainly unjust, I do not believe it is intentional on the part of Toshiba or other companies. There is no quick fix for gender inequality, and I am really quite cynical about the ability of lawsuits to bring about social change.
There’s a long way to go before full equality is achieved. Do you think aggressive moves like this lawsuit help this goal? What must change in society before women can be fully equal?
Monday, January 31, 2011
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3 comments:
I must strongly disagree with Jack. There might be some confusion here; Elaine Cyphers is NOT only suing Toshiba because of a general, widespread complaint of gender discrimination--she's using that as a supporting argument for the discrimination that SHE herself has allegedly faced. According to Reuters (http://www.reuters.com/article/2011/01/31/idINIndia-54543920110131),
"Cyphers said she has been human resources manager at Toshiba America Nuclear Energy Corp and the highest-ranking U.S. human resources employee at that unit. She said she was paid $90,000 to $91,800 a year between 2008 and 2010, while men in similar jobs at Toshiba were paid about $120,000 annually."
Also, "She said Toshiba soon promoted a less experienced man to a new position above her and later sought to force her from the company in retaliation for complaints about discrimination."
Responding to Jack's question regarding the efficacy of lawsuits in bringing about social change, I would argue that lawsuits are one of THE MOST effective means of bringing about social change, because they have the force of law, unlike other intangible solutions. Through legal action, Elaine can be COMPENSATED TANGIBLY for the discrimination against her, not just insincerely apologized to. What happened to the spirit of monumental cases like Brown v. Board of Education? Lawsuits clearly have the ability to bring about social change. What would be the "right way to fix this"? Given Elaine Cyphers' circumstances, I would argue that her lawsuit is not aggressive at all, but rather fitting to her alleged situation.
I agree with Jack that it is undeniable that gender discrimination is still a widespread issue. But I would have to disagree with his reasoning for why Toshiba should not be held responsible in an "aggressive" lawsuit (although his reasoning is perfectly reasonable). He argues that he does not believe that Toshiba was actively discriminating against women. However, regardless of any entity's intentions, the fact is that gender discrimination is unjust and illegal. What if a company located in a 50% non-white country employed only 3% non-white managers? Would a lawsuit not be a feasible solution to the problem then?
I think a lawsuit, In Cyphers' case, is the best way to go. If she really was discriminated against, wouldn't a lawsuit be the most efficient, effective way of seeking compensation? How else would she find a tangible solution to her problems?
I have to agree with Peter on this one. As we're reading about right now (in tonight's assignment, in fact), gender discrimination is nothing new. Women have been fighting for equality since the very founding of our country. Was it not Abigail Adams who begged her husband to "remember the women"?
Although we have certainly progressed as a nation, the struggle for equality is far from over. I am always outraged and disbelieving when I hear of cases in which women do not receive treatment equal to their male counterparts. Obviously, a great variety of methods have been used to bring about change. However at this point, it does seem that lawsuits and litigation - going to the U.S. government to force equality on the American people - may be one of the only effective ways to implement change in society.
It comes down to this: If we can't change people's opinions, then we might as well make them to do the right thing and hope that one day they'll realize the errors of their previous ways. It's forceful, but effective.
An interesting connection to tonight's reading: Would Toshiba have to prove that this discrepancy came from some kind of legitimate "business necessity" or demographic trend that differentiates women from men? It seems the burden of proof was on the Duke Power Company in our reading, but is that different because they employed a specific test that may have inhibited African Americans from joining?
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