Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Friday, January 17, 2020

Challenging the Idea that Non-Compete Agreements Exacerbate the Innovation Gender Gap

Amy Madi & Lisa Ouellette, "Policy Experiments to Address Gender Inequality Among Innovators" 
Houston Law Review, Forthcoming

In her Frankel Lecture, Professor Orly Lobel has set forth an intriguing hypothesis: that non-compete agreements, non-disclosure agreements, and other legal restrictions on employee exit and voice exacerbate the innovation gender gap. The unequal participation of women in science, technology, and innovation is an issue of increasing concern for many public- and private-sector stakeholders, and those interested in increasing innovation by women would be well advised to consider Lobel’s ideas. But as we emphasize in this Commentary, the underlying causal mechanisms for inequalities among innovators remain highly contested, and policymakers should not overstate the existing evidence for potential interventions out of a desire for rapid progress. Nor should they use this lack of evidence as an excuse for inaction. Rather, we argue that institutions interested in this issue should look for opportunities to rigorously and transparently test the most promising interventions.

https://lawprofessors.typepad.com/gender_law/2020/01/challenging-the-idea-that-non-compete-agreements-exacerbate-the-innovation-gender-gap.html

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