DAMAGES FOR LOST EARNING CAPACITY: WOMEN AND CHILDREN LAST!

Abstract

This article identifies and analyzes gender bias in personal injury awards to women. Based on a study of cases involving serious injuries to women and men, it finds that, despite some significant advances, there is still substantial downward bias in awards to women. The article analyzes the way in which such bias occurs including the devaluation of women's capacities and talents, special deductions from awards to women that are not applied to men, a failure properly to value work in the home, and a reliance on labour market data which reproduces in court the discrimination against women that occurs in the workplace. The article concludes by identifying and critically analyzing possible reforms.