Contributed by executive coach Ann Daly, PhD
Once upon a time, when managers made implicitly gender-biased judgments about which staff got the pay raises and the promotions, we called a spade a spade: gender discrimination. When Wal-Mart Stores, Inc. v. Betty Dukes et al. was recently heard by the Supreme Court, we gained a new euphemism for structural sexism in the workplace: “excessive subjectivity.”
This phenomenon is no news to most women: When a company fails to establish objective criteria for its managers to decide on pay raises and promotions, then personal, subjective, unexamined biases kick in. And if you’re operating in a male-dominated environment, you can bet that those cultural biases ain’t gonna benefit the women. If the workplace lacks a rational process for making a decision (it’s called a “policy”), then bosses fall back on the most primitive assumptions, including sexist ones.
The result? In the case of Wal-Mart: Women fill 70% of the hourly jobs but make up only 33% of management employees. Women working in the company’s stores are paid less than men in every region, and the salary gap widens over time even for men and women hired into the same jobs at the same time.
Lawyers for the female employees argued that local managers exercise their discretion over pay and promotions disproportionately in favor of men, which has an unlawful disparate impact on female employees, and that Wal-Mart’s refusal to restrain its managers’ authority amounts to disparate treatment.
While the Supreme Court minority opinion, including all three female justices, found that excessive subjectivity was sufficient grounds to proceed with the class action suit, the majority did not. For reasons both technical and ideological, the Supreme Court reversed the lower court’s opinion that the women of Wal-Mart constitute a legitimate class with a common complaint. Women employees at Wal-Mart can move forward with gender discrimination suits, but on a smaller scale rather than as a single class.
As you can imagine, women’s advocates are dissatisfied with this diminished legal protection against gender discrimination in the workplace.
But not to despair! If you find yourself facing the invisible hand of excessive subjectivity, you are far from powerless.
Remember “subliminal advertising”? Take a page from that playbook and launch a subliminal counter-campaign of your own. Here are four simple, on-the-ground tactics to protect yourself from excessive subjectivity. These tactics will enable you to transform it into an objective framework for conversation, evaluation, and decision-making:
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