THE GENDERED EARNINGS PROPOSAL IN TORT LAW

Abstract

In a number of recent cases, courts have considered the "gendered earnings" proposal which quantifies compensation for female plaintiffs on the basis of male income statistics. In essence, that proposal turns on the perceived injustice of awarding damages that are based on female income statistics and that consequently replicate societal inequities that discriminatorily depress female income levels. This paper examines the benefits and dangers inherent in the "gendered earnings" proposal.