Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Equal Pay Act’

Equal Pay for All

Thursday, November 1st, 2018

Today is Latina Equal Pay Day, the day in the year when Latina pay catches up to that of white, non-Hispanic men. That means Latinas work nearly 23 months to make what white, non-Hispanic men earn in one year.

More than 50 years after the passage of the Equal Pay Act, women still get paid less for the same work. But women of color—Latinas especially—experience the widest wage gap for the same jobs.

While it’s shameful that women are still fighting for equal pay, there are steps we can take to close the gap. The best way is to join a union. Through union contracts, women have closed the wage gap and received higher pay and better benefits. In fact, union women earn $231 more a week than women who don’t have a union voice.

When women are represented by unions and negotiate together, they have the power to create a better life.

Check out some facts below about Latina Equal Pay Day, and learn more from AFL-CIO Secretary-Treasurer Liz Shuler here.

  • Latinas get paid only 53 cents to every dollar a white, non-Hispanic man makes—the largest gap in the nation.
  • Latinas must work 23 months to earn what a white man does in 12 months.
  • The average weekly earnings for Latinas is $621, compared to the $815 that white, non-Hispanic women bring home every week.
  • Latinas in unions earn 48% more.

This blog was originally published by the AFL-CIO on November 1, 2018. Reprinted with permission. 

9th Circuit Revists Ruling on Unequal Pay in Some Situations

Wednesday, September 20th, 2017

In a conundrum with profound implications, a federal appeals court will revisit whether – in some circumstances — men can be paid more than women for the same job.

On the surface, that conflicts with the Equal Pay Act. But a three-judge panel of the 9th Circuit ruled in April that salary history could justify unequal pay. In essence, the panel determined the male hires in question were paid more because of their last paycheck and that their gender was a coincidence.

The EEOC appealed, saying that the ruling perpetuates the gender gap and conflicts with precedent in other circuits. The full 9th U.S. Circuit Court of Appeals has agreed to review the case, with oral arguments set for December.

She was hired at less pay than all the men in her job

Aileen Rizo, a math consultant, took a job with the public schools in Fresno County, California. Her $62,000 salary was a nice bump from her previous teaching job. But she soon learned that a male colleague was hired at $79,000 for the same job. Further investigation revealed that all her male colleagues earned more.

When human resources did not act on her complaint, Rizo sued for employment discrimination. The school district’s rationale was that the men’s higher pay was based on their salary history. Per county policy, starting pay was determined by adding 5 percent to the hiree’s preceding salary.

The Equal Pay Act allows unequal pay for men and women doing the same work if the disparity is based on factors other than gender, such as seniority. In ruling against Rizo, the appeals court panel cited a prior 9th Circuit decision that salary history can be a factor if the practice (a) effectuates some business policy and (b) is implemented in a reasonable way.

Salary history exception may perpetuate the wage gap

The Equal Employment Opportunity Commission (EEOC) strongly disagrees and appealed the panel’s ruling. Before the 9th Circuit took up the review, the panel had remanded the case to the trial court to explore the “business reason” for the Fresno County salary policies.

The EEOC contends that the ruling enables the pay gap’s vicious cycle. If men are routinely paid more than women, their salary history will dictate they be paid more at the next job, and so on. The American Association of University Women, which studies the gender pay gap, says the wage gap is partially rooted in outdated concepts of men as family providers. For example, AAUW statistics reveal that women who are moms earn less than their female peers (the “Motherhood Penalty”), but men who are dads are paid more than average (the “Fatherhood Bonus”). This bias can be perpetuated in salary history and parental leave policies.

The AAUW says that women earn, on average, 80 percent of their male counterparts. The wage gap varies, but it is true across all industries and all levels of employment, including public sector employees. There is already a pay gap when females enter the workforce in their teens. While women tend to top out in salary in their 40s, male salaries continue to rise into their 50s and 60s.

On the other hand, many economists say it’s a myth that women are paid 80 cents on the dollar compared to men. Rather than a wage gap, they say, it’s an earnings gap. Men gravitate toward – or have more access to – higher-paying jobs. Some moms drop out of the workforce or scale back. Et cetera. Without settling the broader pay gap dispute, the 9th Circuit case is in fact about unequal pay for equal work.

This blog was originally published by Passman and Kaplan, P.C. on September 12, 2017. Reprinted with permission. 

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

If Trump Has His Way, You’ll Certainly Miss This Agency You Probably Don’t Even Know Exists

Wednesday, June 28th, 2017

The Trump Administration has released its proposed budget for the 2018 fiscal year. Who’s set to lose big if this budget comes to fruition? Women—specifically working women and their families.

The only federal agency devoted to women’s economic security—the Department of Labor’s Women’s Bureau—is on the chopping block. The agency, which currently has a budget of only $11 million (just one percent of the DoL’s total budget), would see a 76 percent cut in its funds for the next fiscal year under the proposed budget.

Despite making up only 1 percent of the Department’s current budget and having only a 50-person staff, the Bureau serves in several crucial roles—simultaneously conducting research, crafting policy and convening relevant stakeholders (from unions to small businesses) in meaningful discussions about how to best support working women. The Women’s Bureau’s priorities have changed with the times—focusing on working conditions for women in the 1920s and 30s, and helping to pass the monumental Equal Pay Act in the early 1960s. (President Kennedy signed the Equal Pay Act in 1963, making pay discrimination on the basis of sex illegal. However, because of loopholes in the 54-year-old law, the wage gap persists.) Throughout its nearly 100-year history, however, the agency has remained a powerful advocate for working women and families. Recent efforts have included advocating for paid family leave, trying to make well-paying trades jobs available to women and supporting women veterans as they re-enter civilian life.

Eliminating or underfunding the Women’s Bureau would be a huge setback for working women across the nation. Take the issue of paid family leave, for example. In recent years, the Bureau awarded over $3 million in Paid Leave Analysis grants to cities and states interested in creating and growing their own paid leave programs while federal action stalls. With the funding provided by the Women’s Bureau, states and localities have developed comprehensive understandings of what their own paid leave programs might look like. In Vermont, where the Commission on the Status of Women received a Paid Leave Analysis grant in 2015, state lawmakers are now on track to pass a strong paid family leave policy.

So why is the Trump Administration considering cutting such a low-cost, high-impact agency? Some suspect it’s at the suggestion of the conservative Heritage Foundation’s 2017 budget proposal, which calls the Women’s Bureau “redundant” because “today, women make up half of the workforce.”

What this justification conveniently leaves out is that despite important gains in recent decades, too many women, particularly women of color, are still stuck in low-paying, undervalued jobs, being paid less than their male counterparts and taking on a disproportionate amount of unpaid labor at home. It also leaves out the fact that those previously-mentioned important gains are largely the result of targeted efforts led by government agencies like the Women’s Bureau. Eliminating the agencies responsible for immense strides in preserving civil rights is, to quote the brilliant Ruth Bader Ginsburg, “like throwing away your umbrella in a rainstorm because you are not getting wet.” Instead of punishing an agency for its accomplishments, the Trump Administration should give the Women’s Bureau the resources it needs to tackle the problems remaining for working women.

Donald Trump is happy to engage in shiny photo-ops and feel-good listening sessions about women’s empowerment, but when it comes to doing concrete work to support the one government agency tasked with supporting women’s economic empowerment, this administration is nowhere to be found. If this government actually cares about women at all—that is, cares about more than good press and tidy, Instagrammable quotes—it should step up to defend this agency and its 97-year history. The working women of America deserve better.

This blog was originally published by the Make it Work Campaign on June 21, 2017. Reprinted with permission.

About the Author: Maitreyi Anantharaman is a policy and research intern for the Make it Work Campaign, a communications intern for Workplace Fairness and an undergraduate public policy student at the University of Michigan.

Together We Can Make Pay Equity a Reality for All Working Women

Tuesday, June 13th, 2017

June 10th is the 54th anniversary of the passage of the Equal Pay Act, the 1963 law that prohibits employers from paying men and women different wages for the same work solely based on sex. The Equal Pay Act’s passage is an important example of the labor movement’s long history of partnering with progressive women’s organizations to advocate for equal pay for women. Indeed, Esther Peterson—one of the labor movement’s greatest sheroes—was instrumental in the enactment of this landmark legislation.

Pay equity and transparency are bread and butter issues for working women; when they come together to negotiate collectively for fair wages and important benefits, like access to health insurance and paid leave, they can better support their families. (Indeed, women in unions experience a smaller wage gap than women without a union voice).

 Since the passage of the EPA, the gender wage gap has narrowed, but it persists. Women overall typically are paid 80 cents for every dollar paid to their male counterparts, and that number has barely changed in the past 10 years. And the gap is even larger when you compare the earnings of women of color to white men.

 Clearly, we still have much to do to ensure pay equity, and there’s been some progress, thanks to tireless working women and their allies across the country. For instance, in the past two years, more than half the states have introduced or passed their own remedies to increase pay transparency, strengthen employer accountability and empower working people to take action against pay discrimination. But stronger protection from pay discrimination shouldn’t depend on where you happen to live or where you work. Working women deserve a national solution.

 That’s why the AFL-CIO, the National Women’s Law Center and countless other organizations support the Paycheck Fairness Act, part of a comprehensive women’s economic agenda. The PFA would strengthen the EPA by: protecting employees from retaliation for discussing pay; limiting the ability of employers to claim pay differences are based on “factors other than sex”; prohibiting employers from relying on a prospective employee’s wage history in determining compensation; strengthening individual and collective remedies against employers who discriminate; and increasing the data collection and enforcement capacity of key federal agencies.

 Let’s not forget that raising the federal minimum wage also would boost women’s earnings in a big way. A driving factor in the gender wage gap is women’s overwhelming majority representation (two-thirds of workers) in minimum wage jobs, including those who pay the lower-tipped minimum wage. Legislation like the Raise the Wage Act would give women the well-deserved raise they’ve earned.

 We need strong policy solutions like the Paycheck Fairness Act and the Raise the Wage Act to help close the gender wage gap. Working women and the families who depend on them can’t afford to wait another 54 years.

This blog was originally published at AFLCIO.org on June 10, 2017. Reprinted with permission.

About the Authors: Fatima Goss Graves is the senior vice president for program and president-elect at the National Women’s Law Center. In her current role, she leads the center’s broad agenda to eliminate barriers in employment, education, health care and reproductive rights and lift women and families out of poverty. Prior to joining the center,, she worked in private practice and clerked for the Honorable Diane P. Wood on the 7th U.S. Circuit Court of Appeals. Liz Shuler is secretary-treasurer of the AFL-CIO. The second-highest position in the labor movement, Shuler serves as the chief financial officer of the federation and oversees operations. Shuler is the first woman elected as the federation’s secretary-treasurer, holding office since 2009.

On 47th Anniversary, the Equal Pay Act Must Finally Live Up to its Name

Wednesday, June 16th, 2010

Image: Linda MericImagine for a moment that you work in a department with three employees: one African-American, one Caucasian and one Latina. One day, someone new is hired.

Imagine discovering that this new hire is to be paid much more than any of you; even more than the Latina, who has been employed there for 14 years. Imagine your outrage; especially since the only difference is that all of you are women — and the new hire is a man.

This story, from a Denver woman who now works in the financial industry, might be shocking to those of us who believe in equity and fairness, but it’s not unique.

All over this country, similar stories play out, most anonymous and a few now famous — like that of Lilly Ledbetter, who worked 20 years at a Goodyear plant in Alabama before learning that the men who performed the same job as she had been earning more all along.

It’s time that pay discrimination end and the pay gap close in this country — and there is something we all can do about it right now! Push the U.S. Senate to pass the Paycheck Fairness Act.

On average, women earn about 77 cents for every dollar earned by men. For women of color, African American women and Latinas, the gap is even wider. Men of color experience a pay gap, too, compared to white men. Some don’t like to talk about it; some even refuse to believe it. Some think we got past this kind of blatant discrimination long ago.

Forty-seven years ago, when President John F. Kennedy signed the Equal Pay Act into law, women’s rights activists celebrated. After years of effort, finally there was a law that prohibited women from being paid less than men for doing the exact same jobs.

Women finally had some equality in their paychecks — at least by law. When the Equal Pay Act passed, women earned, on average, 60 cents for every dollar earned by men. In the forty-seven years that have passed, the pay gap has closed by less than less than 20 cents.

Now, we have a chance to make further progress to close the pay gap: the Paycheck Fairness Act.

A desperately needed update to the Equal Pay Act of 1963, the Paycheck Fairness Act (S. 182) would close loopholes, strengthen business incentives to end pay discrimination, prohibit retaliation against workers who share wage information, and bring the Equal Pay Act in line with other civil rights laws.

The Paycheck Fairness Act has passed in the House of Representatives. President Barack Obama is ready to sign it into law. But it’s bottlenecked in the U. S. Senate. If it doesn’t move forward this year, we’ll have to start all over again.

Meanwhile, paying women less affects not only us and our families, but our communities and even our nation because it means we have less to spend on rent and mortgage payments, medical care, taxes, retirement savings and other basic necessities.

Women can’t afford to lose another penny. Our nation can’t afford to wait another year.

Speak out now. Encourage the Senate to pass this much needed update so that the Equal Pay Act of 1963 can finally start to live up to its name.

Help us support the Paycheck Fairness Act by contacting your Congressman and urging their voice behind the bill.

About The Author: Linda Meric is Executive Director of 9to5, National Association of Working Women, an inclusive multi-racial membership-based organization founded in 1973 to strengthen the ability of low-income women to win economic justice through grassroots organizing and policy advocacy. Linda has spent more than 30 years as a labor and community organizer. She also serves as an adjunct professor specializing in sexual harassment and other workplace issues.

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