Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Paycheck Fairness Act’

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.

Republicans Dismiss Equal Pay Efforts While Touting Their Outreach to Women

Tuesday, April 8th, 2014

Laura ClawsonRepublicans are mounting a counteroffensive against Equal Pay Day, the Paycheck Fairness Act, and indeed the very notion that equal pay is a serious issue. Since you can’t straight-up admit to opposing equal pay, the substance of the Republican counteroffensive is essentially this: We support equal pay. Just not any efforts to actually make it a reality.

It’s misleading, they say, to say that women make 77 cents for every dollar a man makes, because that’s not entirely a result of active discrimination. So let’s dismiss the social forces that lead to jobs dominated by women being paid less than jobs dominated by men, let’s dismiss the pressures that push women into lower-paying jobs or out of the workforce altogether, and then, just for good measure, let’s also wave away active, intentional discrimination. Because you can’t deal with that without government action or lawsuits against employers, and as Republicans, we’re definitely opposed to both of those things. So, oops, looks like there’s nothing we can do.

And talking about unequal pay is bad because, in the words of Sabrina Schaeffer of the Independent Women’s Forum, “Perpetuating the myth that women are a victim class harms women and makes them feel weak.” Heavens, no. Women are empowered by their lack of economic power, I suppose.

Republicans are also rolling out their more general answer on their problems attracting women voters, and of course, again, the answer is not to promote policies that help women. It’s to jump up and down pointing at the few women they have in office now. “See! Women! Now vote for us, ladies.” Never mind that of the 20 women in the Senate, just four are Republican (and while Democrats control the Senate, it’s not by a four to one margin, sadly). Never mind that of the 82women in the House, just 20 are Republicans—8.2 percent of their party’s House membership, compared to 29 percent of the Democratic Party’s House membership. (Which is to say, Democrats need to improve, but Republicans are downright pathetic.)

So, in keeping with their lack of interest in policy solutions for problems that women in particular face, Republicans are on the phone to Politico every other day announcing some new discussion of how they already represent women super well, thanks very much, and are now ready to make sure that women voters understand this. But, uh:

House Republican Conference Chairman Cathy McMorris Rodgers is the only GOP woman in leadership in either chamber. There are also fewer female Republican candidates running than in past election cycles.

But never mind all that! After all, they’re making a sincere effort to keep any of their male candidates and incumbents from talking publicly about legitimate rape this time around, so it’s all good, right? Right?

This article was originally printed on the Daily Kos on April 8, 2014.  Reprinted with permission.

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

Employee Rights Short Takes: New Evidence Of Gender Pay Gap, Race Discrimination, Disability Discrimination And More

Friday, October 1st, 2010

ellen simonHere are a few short takes about employment discrimination stories that made the news this past week:

New Evidence Of Gender Pay Gap And Discrimination Against Mothers In Management

Women made little progress in climbing into management positions according to a new report by the Government Accountability Office yesterday.

As of 2007, the last year for which the data was available, women made up only 40% of managers in the United States work force compared to 39% in 2000. In all but 13 industries covered by the report, women had a significantly smaller share of management positions than men when compared to the overall workforce.

In addition, managers who were mothers earned 79 cents of every dollar paid to managers who were fathers.

The report was prepared at the request of Representative Carolyn Maloney, Democrat of New York, and chairwoman of the Joint Economic Committee for a hearing before that committee on Tuesday — where witnesses  talked about the  “shockingly slow rate of progress” for women in corporate management positions and the “motherhood wage penalty.”

Several individuals who testified urged the passage of the Paycheck Fairness Act as a partial remedy to the issues surrounding gender discrimination in the workforce.

For more about the report read the NY Times article here. For a copy of the report from Rep. Maloney’s website and more about the hearing read and watch here.

Employee With Multiple Sclerosis Settles Discrimination Case For $1.2 Million

An ex-employee of the Madison New Jersey Board of Education with multiple sclerosis settled her disability discrimination case for $1,200,000, including attorney fees, as reported yesterday by DailyRecord.com and Lawyers USA. Disability discrimination is prohibited by the Americans with Disabilities Act.

Joan Briel, a former accounts payable secretary, was diagnosed with MS in 2002. She claimed that her employer retaliated against her by inappropriately increasing her workload, repeatedly harassing her and failing to take action on her requests for reasonable accommodation — including her request to work on the first floor instead of the third floor.

Briel also claimed that the stress of the work environment caused her to relapse and that she was fired while she was on medical leave.

The case was heading for a jury trial when the settlement was reached. Ms. Briel will receive $412,000 in the settlement. Her attorneys will receive $877,303 for the work they did on the case. The court also awarded Briel over $43,000 in costs.

Plaintiffs in civil rights cases may recover attorneys’ fees – if they prevail — in addition to their individual award in most cases. These legal provisions are intended to encourage attorneys to represent individuals who are unable to invoke the protection of civil rights laws because they can not afford a lawyer.

Discrimination cases are difficult to litigate and are often complex and protracted. Therefore, it’s not unusual for the attorneys’ fees ( on both sides) to be larger than the award, or greater than the amount in controversy.

This newly reported case is but one example of the potentially high costs to employers when employment discrimination cases are not resolved early.

EEOC Settles Race Discrimination And Retaliation Case For $400,000

The Cleveland office of the EEOC announced a $400,000 settlement of a class action race discrimination and retaliation case against Mineral Met Inc., a division of Chemalloy Company.

Evidence in the case showed that black employees were disciplined for trivial matters – such as having facial hair or using a cell phone — while white employees were not disciplined for the same conduct. When one of the supervisors complained, it resulted in intensified racially discriminatory treatment and retaliation according to the EEOC.

The EEOC also charged that African-American employees were also subjected to other forms of racial harassment, including evidence that a white supervisor placed a hangman’s noose on a piece of machinery. (once again shocking that this is still going on)

Race discrimination in employment and retaliation for complaining about discrimination violate Title VII of the Civil Rights Act of 1964.

This article was originally posted on Employee Rights Blog.

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.

President Obama Endorses Paycheck Fairness Act

Wednesday, July 21st, 2010

Ravi BakhruYesterday, President Obama released a statement endorsing the Paycheck Fairness Act and calling on the Senate to pass the legislation.

In America today, women make up half of the workforce, and two-thirds of American families with children rely on a woman’s wages as a significant portion of their families’ income.

Yet, even in 2010, women make only 77 cents for every dollar that men earn. The gap is even more significant for working women of color, and it affects women across all education levels.  As Vice President Biden and the Middle Class Task Force will discuss today, this is not just a question of fairness for hard-working women.  Paycheck discrimination hurts families who lose out on badly needed income.  And with so many families depending on women’s wages, it hurts the American economy as a whole.  In difficult economic times like these, we simply cannot afford this discriminatory burden.

My Administration has already begun to address this problem. In my first week in office, I signed the Lilly Ledbetter Fair Pay Act, which helps women who face wage discrimination recover their lost wages, and in my State of the Union Address, I promised to crack down on violations of equal pay laws. Today the Equal Pay Enforcement Task Force will present its recommendations, which include ways to better coordinate among enforcement agencies and inform employees about their rights.  These steps support women, and they also support businesses that are doing the right thing and paying their employees what they deserve.

We cannot do this work alone. So today, I thank the House for its work on this issue and encourage the Senate to pass the Paycheck Fairness Act, a common-sense bill that will help ensure that men and women who do equal work receive the equal pay that they and their families deserve.  Passing this bill is one of the Task Force’s key recommendations, and I hope Congress will act swiftly so that I can sign it into law.

We encourage you to show your full support for the bill by going here, and contacting your Congressman.

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.

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.

A Year After Ledbetter - What’s Next for Fair Pay for Women?

Tuesday, February 2nd, 2010

One year ago, Obama signed the Lilly Ledbetter Fair Pay Act into law, ensuring that workers can go to court to protest pay discrimination. Now it’s time for the next step.

For almost twenty years, I got paid less than my co-workers. I was a woman doing the same work as the men on my team — and apparently, my gender was all the excuse my employers at a Goodyear tire plant needed to cut my paychecks. My salary was far lower, and I got lower raises – over and over again.

But one year ago today, to my amazement, the President signed the Lilly Ledbetter Fair Pay Act into law, which restored the law to make sure workers can go to court to protest pay discrimination.

And now it’s time for the next step. The right to go to court is important, but it isn’t enough. We need to do more to keep women from being discriminated against in the first place.

We need to pass the Paycheck Fairness Act. This bill gives teeth to the protections against pay discrimination. And women, who are still shortchanged in the workplace, deserve just that. The bill would empower women to negotiate for equal pay, create stronger incentives for employers to follow the law, and strengthen federal outreach and enforcement efforts. It would also strengthen penalties for equal pay violations.

But from where I sit, one of the most important aspects of the Paycheck Fairness Act is a provision that would prohibit retaliation against workers who ask about employers’ wage practices or disclose their own wages to co-workers. This would have been particularly helpful to me, because Goodyear prohibited my colleagues and me from talking about our wages. This policy delayed my discovery of the pay inequities between my male counterparts and me by — literally — decades.

For the past year, I’ve been speaking out to build up support of this bill, with the help of my friends at the National Women’s Law Center.

The bill has already passed the House, and now it’s up to the Senate. It is time to improve the law, not just restore it. You can count on my continued commitment to passing this Act and to ensuring that women will some day, as the President called for in his State of the Union, truly have equal pay for equal work.

About the Author: Lilly Ledbetter is a volunteer and mother of two. She resides in Jacksonville, Alabama.

Your Rights Job Survival The Issues Features Resources About This Blog