Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘wage discrimination’

Trump blocks Obama effort to combat pay discrimination

Thursday, August 31st, 2017

Former President Obama intended to fight pay discrimination with a rule requiring businesses to track how much they pay different groups of workers. You know the next part, right? Of course you do. Donald Trump is blocking the rule from going into effect as scheduled next spring because it’s just too hard for businesses to report how much they pay their workers.

“It’s enormously burdensome,” said Neomi Rao, administrator of the Office of Information and Regulatory Affairs, which analyzes the cost of federal rules and regulations. “We don’t believe it would actually help us gather information about wage and employment discrimination.”

Which part of that do you think is more important—that it’s burdensome or that they don’t believe it would help gather information? Or the unstated third reason that Donald Trump and his underlings don’t want to hold businesses accountable for discrimination anyway. This burden, by the way, amounts to putting extra information on a form that businesses already fill out. That information about how much women vs. men are paid, or workers of color vs. white workers seems like it would be helpful to uncovering discrimination. The Obama administration certainly thought so:

“We’d learn about a pay-discrimination problem because someone saw a piece of paper left on a copy machine or someone was complaining about their salary to co-workers,” leading others to realize they were being underpaid, said Jenny Yang, who was chairwoman of the EEOC when the rules were drafted, at NYU School of Law’s Annual Conference on Labor in June.

“Having pay data in summary form will also help us identify patterns that may warrant further investigation,” Ms. Yang said.

Self-proclaimed equal pay champion Ivanka Trump is right on board with the messaging against this effort to promote equal pay, by the way.

This blog was originally published at DailyKos Labor on August 30, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

Ivanka Trump supports her father’s decision to stop monitoring the wage gap

Wednesday, August 30th, 2017

Despite her supposed support for equal pay, Ivanka Trump backed a recent White House decision to end an Obama administration rule that would have required businesses to monitor the salaries of employees of different genders, races, and ethnicities in an effort to prevent employment discrimination.

Ivanka said in a statement that the policy, which would have taken effect this spring, would “not yield the intended results.” She didn’t offer any alternatives to replace the policy or explain why monitoring employees’ salaries would not help close wage gaps.

Ivanka has made a brand out of praising women who work, selling herself as an advocate for women’s rights.In April, Ivanka praised similar legislation passed in Germany requiring companies with 200 or more workers to document pay gaps between employees. She even added that the United States should follow Germany’s example.

“I know that Chancellor Merkel, just this past March, you passed an equal pay legislation to promote transparency and to try to finally narrow that gender pay gap,” she said. “And that’s something we should all be looking at.”

The Obama-era rule would have required companies with 100 or more workers to collect and submit data on employee wages to the Equal Employment Opportunity Commission. Neomi Rao, administrator of the Office of Information and Regulatory Affairs, told The Wall Street Journal that the policy is “enormously burdensome…We don’t believe it would actually help us gather information about wage and employment discrimination.”

The recent move to end the employment discrimination rule is only the latest in a series of failures by Ivanka to stand up for what she claims to be right.

Ivanka — an official White House advisor — has long been regarded as a potential moderating force within the Trump administration. But that image is carefully crafted, through a series of anonymous anecdotes to the media and sound bites that don’t actually fall in line with her father’s policies.

When Trump began the process of rolling back Obama-era clean water regulations just one month into his presidency, Ivanka remained silent. Ivanka also reportedly opposed the United States withdrawing from the Paris Climate Agreement, but she failed to stop her father from backing out of the deal. In June, in honor of Pride Month, she tweeted that she was “proud to support my LGBTQ friends and the LGBTQ Americans who have made immense contributions to our society and economy.” She then stayed silent when her father announced he would ban transgender Americans from serving in the military. (She also hasn’t said anything about the administration’s rollback of protections for transgender students.)

In her recent book, Women Who Work, Ivanka repeatedly touts her lifelong mission as, “Inspiring and empowering women who work — at all aspects of their lives.” But she remained silent on the shortcomings of her father’s paid family leave plan, which would offer six weeks of paid maternity leave to mothers, leaving out fathers and adoptive parents and potentially creating career obstacles for the working women she claims to support.

Wage discrimination in the United States is a serious problem. While the national gender pay gap has decreased since 1980, it still stands at a whopping 17 percent, with women making 83 percent of what men earn. The racial pay gap lags closely behind. In 2015, black workers earned 75 percent as much as white workers, according to Pew Research. The racial disparity is worse for women, who also fall behind men within their own racial or ethnic group.

Inside the White House, there is a surging pay gap, the highest of any White House since 2003, according to the Washington Post. At 37 percent, the White House pay gap is more than double the national gender gap.

This blog was originally published at ThinkProgress on August 30, 2017. Reprinted with permission. 

About the Author: Elham Khatami is an associate editor at ThinkProgress. Previously, she worked as a grassroots organizer within the Iranian-American community. She also served as research manager, editor, and reporter during her five-year career at CQ Roll Call. Elham earned her Master of Arts in Global Communication at George Washington University’s Elliott School of International Affairs and her bachelor’s degree in writing and political science at the University of Pittsburgh.

Employee Rights Short Takes: Wage Discrimination, Race Discrimination, Sexual Harassment and More

Tuesday, May 18th, 2010

Here are a few Short Takes worth sharing:

Sex Discrimination

Ninth Circuit Certifies Wal-Mart Class Action: In Dukes v. Wal-Mart, a decision from the Ninth Circuit Court of Appeals on April 26th, the Court certified a class in a Title VII lawsuit involving 1.5 million women seeking compensation for back pay. The Court remanded the case to the district court for a determination regarding punitive damages based upon several factors set forth in the decision. The next step is most likely a request for the Supreme Court to hear the case. For more about the case, see the California Punitive Damages Blog. For an interesting story about Betty Dukes, the Wal-Mart greeter and lead plaintiff  see the article here from the Huffington Post. This case is reported to be the largest class action in history.

Sexual Harassment

EEOC Collects $471,000 In Sex Harassment Case: The EEOC reported last week that Everdry Marketing and Management paid $471,096 in damages, plus $86,581 in post-judgment interest to 13 victims of sexual harassment. The payout stems from a four week jury trial in Rochester, New York and a Second Circuit Court of Appeals decision which affirmed the award in favor of the plaintiffs. The case involved a prolonged period of physical and verbal sexual harassment of mostly teenage telemarketers by male managers and co-workers at Everdry’s Rochester, N.Y. location including demands for sex, groping, sexual jokes and constant comments about the bodies of women employees. The story presents another example of the widespread problem of teenage sexual harassment in the U.S

Has The Sixth Circuit Had An Attitude Adjustment?

Two cases last month out of the Sixth Circuit  Court of Appeals made me think that attitudes on employment discrimination cases may be shifting.

Summary Judgment Reversed In Race Discrimination Case: In Thompson v UHHSS Richmond Heights Hospital, Inc, the plaintiff was terminated from her position as a food production supervisor when she was told that her position was eliminated in a restructuring. Thompson believed  that she was selected for termination because of her race and filed a lawsuit. The district court granted summary judgment against her. The Sixth Circuit reversed finding that evidence of Thompson’s superior qualifications in comparison to the employee who assumed most of her job duties showed that she was replaced and also showed pretext. In addition, evidence that a supervisor said to “get rid of” certain black employees whom he called “troublemakers,” which the district court gave “little weight,” corroborated accusations of discriminatory behavior according to the Court.

Sexual Harassment Verdict Affirmed On Appeal: In West v. Tyson Foods,Inc. the Court affirmed a sexual harassment award including $750,000 for past and future mental distress, and $300,000 in punitive damages. In addition to great language on damages, the Court also addressed the sufficiency of reporting sexual harassment to one supervisor as constituting “notice” and a “missing evidence” jury instruction from which the jury is entitled to draw a negative inference. The plaintiff, an assembly line worker, was subjected to a barrage of verbal and physical harassment – 10 to 15 times per shift — during her five weeks of employment at the Tyson Foods plant in Robards, Kentucky. The jury awarded more in damages that West’s lawyer requested which the Sixth Circuit both addressed and confirmed.

images: www.hickmankytourism.com

www.reclaimdemocracy.org

*This post originally appeared in Employee Rights Post on May 12, 2010. Reprinted with permission.

About the Author: Ellen Simon: is recognized as one of the leading  employment and civil rights lawyers in the United States.She offers legal advice to individuals on employment rights, age/gender/race and disability discrimination, retaliation and sexual harassment. With a unique grasp of the issues, Ellen’s a sought-after legal analyst who discusses high-profile civil cases, employment discrimination and woman’s issues. Her blog, Employee Rights Post has dedicated readers who turn to Ellen for her advice and opinion. For more information go to www.ellensimon.net.

It's Equal Pay Day And Time To Pass The Paycheck Fairness Act

Wednesday, April 21st, 2010

Wage Discrimination Needs Attention And A Legislative Fix

April 20, 2010 is Equal Pay Day. It was established in 1996 to illuminate the gap between men’s and women’s wages. The date symbolizes how far into 2010 women must work to earn what men earned in 2009.

This year, with the support of President Obama, Equal Pay Day should also bring attention to pending legislation intended to address lingering issues of pay disparity in the American workforce.

Here are some facts about pay equity from the National Organization for Women:

  • In 2007, women’s median annual paychecks reflected only 78 cents for every $1.00 earned by men. Specifically for women of color, the gap is even wider: In comparison to a man’s dollar, African American women earn only 69 cents and Latinas just 59 cents. 
  • In 1963, when the Equal Pay Act was passed, full-time working women were paid 59 cents on average for every dollar paid to men. This means it took 44 years for the wage gap to close just 19 cents — a rate of less than half a penny a year.
  • The narrowing of this gap has slowed down over the last six years, with women gaining a mere two cents since 2001.
  • Women’s median pay was less than men’s in each and every one of the 20 industries and 25 occupation groups surveyed by the U.S. Census Bureau in 2007. Even men working in female-dominated occupations earn more than women working in those same occupations.
  • According to the Institute for Women’s Policy Research,  if equal pay for women were instituted immediately, across the board, it would result in an annual $319 billion gain nationally for women and their families (in 2008 dollars).
  • When The WAGE Project looked exclusively at full-time workers, they estimated that women with a high school diploma lose as much as $700,000 over a lifetime of work, women with a college degree lose $1.2 million and professional school graduates may lose up to $2 million because of pay disparity.
  • As a result, these inequities follow women into their retirement years, reducing their Social Security benefits, pensions, savings and other financial resources.
  • A study by the American Association of University Women examined how the wage gap affects college graduates. Wage disparities kick in shortly after college graduation, when women and men should, absent discrimination, be on a level playing field.
  • One year after graduating college, women are paid on average only 80 percent of their male counterparts’ wages, and during the next 10 years, women’s wages fall even further behind, dropping to only 69 percent of men’s earnings ten years after college

I have represented women in discrimination cases for many years.  From my vantage point it’s clear that while the pay equity issues are not as blatant as they once were, wage discrimination is still a prevalent concern for women of all socio-economic groups.

It’s also true that the Equal Pay Act of 1963, while well intentioned, has not come close to fulfilling its goal due to a whole host of reasons.

The good news is that there is a bill pending in Congress aimed at correcting unlawful wage disparities and which offers a legislative fix for some of the problems with the Equal Pay Act.

The Paycheck Fairness Act (H.R.12 and S.182) was introduced January 2009 by then-Senator Hillary Clinton and Rep. Rosa DeLauro to strengthen the Equal Pay Act of 1963. The bill expands damages under the Equal Pay Act and amends its very broad fourth affirmative defense which will be a real help to victims of pay discrimination.

The Paycheck Fairness Act also prohibits retaliation against inquiring about or disclosing wage information  and proposes voluntary EEOC guidelines to show employers how to evaluate jobs with the goal of eliminating unfair disparities. The bill was passed by the House in January of 2009 and is pending in the Senate. It’s lead sponsor is Sen. Christopher Dodd.

There were hearings about the bill in March of this year with lots of illuminating testimony, including the remarks of Stuart Ishimaru, acting Chariman of the EEOC, which you can read here if you are interested in more detail about the subject.

The bottom line is if you care about equal rights for women and want to make a difference, please call or write your Senator and urge passage of the Paycheck Fairness Act. Here’s a link that will help you send the message. We know that the President  supports it — we just need to get it on his desk.

images: www.evetahmincioglu.com

*This post originally appeared in Employee Rights Post on April 20, 2010. Reprinted with permission from the author.

About the Author: Ellen Simon: is recognized as one of the leading  employment and civil rights lawyers in the United States.She offers legal advice to individuals on employment rights, age/gender/race and disability discrimination, retaliation and sexual harassment. With a unique grasp of the issues, Ellen’s a sought-after legal analyst who discusses high-profile civil cases, employment discrimination and woman’s issues. Her blog, Employee Rights Post has dedicated readers who turn to Ellen for her advice and opinion. For more information go to www.ellensimon.net.

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