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Decertifying Gender: The Challenge of Equal Pay

Grabham, Emily (2023) Decertifying Gender: The Challenge of Equal Pay. Feminist Legal Studies, 31 . pp. 67-93. ISSN 0966-3622. E-ISSN 1572-8455. (doi:10.1007/s10691-022-09516-3) (KAR id:100805)


‘The Future of Legal Gender’ project has assessed the potential implications for feminist legal scholarship and activism of decertifying sex/gender. Decertification refers to the state moving away from officially determining or registering sex/gender. This article explores the potential impact of such moves on equal pay law and gender pay gap reporting. Equal pay and gender pay gap reporting laws provide an important focus for the project because they aim to address structural dynamics associated with persistent pay inequality that women experience across occupations in the United Kingdom. These legal measures illuminate gendering as a large-scale social problem widely understood to operate structurally and systemically. What effect, then, could decertifying sex/gender have on the law and conceptual power of equal pay? Might decertification undermine the structure of equal pay law, with all hard-won gains it has brought for women? Or is it possible to imagine that decertification could accompany a more inclusive and effective legal architecture for equal pay?

Item Type: Article
DOI/Identification number: 10.1007/s10691-022-09516-3
Additional information: For the purpose of open access, the author has applied a CC BY public copyright licence to any Author Accepted Manuscript version arising from this submission.
Uncontrolled keywords: Decertification, Equal pay, Gender pay gap, Gender pluralism, Materialist feminism, Self-identification
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Funders: Economic and Social Research Council (
SWORD Depositor: JISC Publications Router
Depositing User: JISC Publications Router
Date Deposited: 12 Apr 2023 14:10 UTC
Last Modified: 26 Feb 2024 16:46 UTC
Resource URI: (The current URI for this page, for reference purposes)

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