Abstract

Excerpted From: Danielle DiGrazia & Ann Juliano, Addressing the Gender Wage Gap for Native American Women, 24 University of Maryland Law Journal of Race, Religion, Gender and Class 118 (Fall, 2024) (397 Footnotes) (Full Document)

Native American women experience one of the largest wage gaps. Failure to remedy the wage gap for Native American women could lead to catastrophic consequences for generations of Native people. As it stands, the wage gap could amount to a financial loss of over $1.1 million over a 40-year career for a Native American woman starting her career today. This loss would disproportionately impact Native families over time, due to the prominent financial role played by women in Native households. Specifically, 64 percent of Native American mothers are the breadwinners for their families, meaning their families rely heavily on their income. Further, “[n]early one in four Native ... households ... are headed by women, and 30 percent of those households live below the poverty level.” Without equal pay, Native American women will continue to struggle to pay for “basic family necessities like rent, groceries, and school supplies” and to “invest in savings, higher education, or property.” However, if the wage gap were eliminated, the average Native American woman would be able to afford “[m]ore than 34 months of food; more than 29 more months of child care; their entire student loan debt in 16 months; almost 15 months of mortgage and utilities payments; or more than 17 additional months of premiums for employer-based health insurance.” The lack of sufficient funds today could also have ripple effects for future generations-for example, Native American women may struggle to put their children through school, then those children may have a more difficult time getting higher-paying jobs, and the cycle of economic disenfranchisement will continue.

Native women also face higher rates of violence than other women. In fact, four in five Native women will experience violence in their lifetime. Moreover, nearly 39 percent of Native women are subject to domestic violence. Researchers have found that “the fewer resources a woman has, the less likely she is to leave an abusive relationship.” Some advocates suggest that without sufficient savings, Native women may not feel like they can escape their abusers. However, if the wage gap were eliminated such that Native women could actually invest in savings, they may feel more empowered to escape because they will have the financial means to establish a new living situation. Closing the wage gap now will therefore help Native women today and in the future.

In this article, we will first review the state of the gender wage gap and its causes. Part I sets forth important information as to where Native Americans live and work, then discuss the causes that maintain the gender wage gap specific to Native Women. Part II looks to the legal claims available to remedy pay inequity and their flaws: Title VII and the Equal Pay Act. However, applying these statutes is not a straightforward process. Civil jurisdiction on reservations is a complex situation. To help set the stage, Part III explains the rules of applicability of federal and state laws on reservations.

In Part IV, we then advocate for both non-legislative and legislative reforms. Some actions that governments and individuals could take immediately include increasing access to capital, increasing access to higher paying jobs, and financially supporting organizations that support Native American women. There are legislative reforms which would help all women impacted by the wage gap. Reforming the Equal Pay Act and raising minimum wage would do much to reduce the gap and raise women's wages. Increasing access to reproductive health care would also have a positive impact on women's wages. For women working for tribal governments, a more targeted set of proposals must be considered. Mindful of tribal sovereignty, we call for tribal governments to adopt equal pay rights in their Tribal Employment Rights Ordinances.

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While closing the wage gap is important for all women, doing so is especially crucial for Native American women, given their prominent economic role within their households. The federal government and tribal governments should take legislative action to expand employment protections and increase access to capital, higher wage jobs, and reproductive health care. Individuals and businesses alike can raise awareness of and contribute to organizations that seek to provide access to capital for Native women entrepreneurs. Collectively, these measures could bridge the wage gap for Native American women, ensuring economic security for generations of Native people.

Danielle DiGrazia, B.S. magna cum laude, Fordham University, M.S. Taxation, Fordham University, J.D. summa cum laude Villanova University Charles Widger School of Law;

Ann Juliano, Professor of Law, Villanova University Charles Widger School of Law.