DMI Blog

Kia Franklin

UPDATE—Senate to Consider Equal Pay Bill

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UPDATE ON FAIR PAY ACT: Republican Senators just blocked a cloture vote on the Ledbetter Fair Pay Act. The cloture vote (56-42) was just 4 votes shy. Here's who voted how.

This would have closed the debate and moved the bill forward for a vote on its passage. That means the debate on this bill continues and we've lost the opportunity to commemorate Equal Pay Day (yesterday, April 22) with passage of a law that restores our rights against discrimination and economic inequality. Why did this cloture motion fail? Why would anyone oppose equal pay for equal work? One answer: this is tortdeform at work, in action, right now. It reflects both misinformation about what the law would do, and a general disregard for the rights at stake here. I write about this in more detail on TortDeform.

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Check out my interview on the Knight Report about the Ledbetter Fair Pay Act.

What's the Fair Pay Act? It's no big deal, really. It could only reshape the entire legal terrain of employment discrimination and determine whether employers should be rewarded for successfully hiding discriminatory pay from their employees for at least 180 days. Anyway, why should women gripe about employers paying some employees differently for doing the same job just as well as others?
Okay, so there's the issue of pensions, social security, and other benefits that affect the rest of a person's life, even after a person retires; the need to provide for one's family; principles of fairness, equity, and non-discrimination. Whatever, yada yada yada...

Okay, now that we've had our daily dose of sarcasm, let's be clear: today the Senate is considering a tremendously important bill. We would all do well to pay attention to what happens today with the Ledbetter Fair Pay Act.

The Ledbetter Fair Pay Act would restore the spirit of those laws we often cite to as markers of America's progress, civil rights laws that prohibit employment discrimination.

This includes Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans wtih Disabilities Act, among others. The law would clarify that each time an employer issues a paycheck that undercompensates a person because of the person's race, gender, age, or disability status, the time window the employee has for filing a discrimination claim starts anew.

Seem like a no brainer? Well, it was before last summer, when the Supreme Court ruled in Ledbetter v. Goodyear that an employee has a 180 day time window to file a discrimination claim, beginning with the day they receive their very first discriminatory pay check. This is absurd for a number of reasons, including that many employers prohibit employees from discussing and comparing pay so many employees just wouldn't know that they are receiving unequal pay the first time they receive it. Justice Ginsburg said of the decision, to which she dissented, "This Court does not comprehend, or it is indifferent to the insidious way in which women can be victims of pay discrimination."

The Ledbetter Fair Pay act would also restore what for some has become lost faith in our legal rights and in our ability to uphold them in our civil court system.

It's not just about fair pay, an important enough issue standing alone. It's also about our ability as individuals to stand up for our legal rights and to fight against others' who wish to suppress or limit our rights, no matter how powerful or privileged our opponents are. In Mrs. Ledbetter's own words: "I was shocked, because there was so much difference in their pay versus mine... I thought and believed that if I had a problem that I could take it to a court system, whether it be local, or federal, or to the Supreme Court."

Will her tireless efforts advocating for this bill, and the efforts of Senator Kennedy and others help restore our rights to access the civil justice system in this regard? We'll see... after all, it is election year.

To learn more about the bill, visit TheMiddleClass.org. To learn about what organizations are doing to support the bill, the National Women's Law Center is a good place to start.

Posted at 11:41 AM, Apr 23, 2008 in Civil Justice | Economic Opportunity | Employment | Permalink | Comments (3)


Comments

What lowers a persons pay?
1. Did someone change names?
2. Did the person shift the blame to 'Damn Microsoft!' when its hand-written notes?
3. Is work performance by word-of-mouth? Or sales reports?

Regular is regular, over work should be time-off, not lower pay. Regular is not slacking off, nor is disabled, elderly, even pregnant.


- wheres all the work tracking and performance tracker stuff from 'Management College'.

Posted by: john doe | April 24, 2008 01:31 AM

I'm not quite clear if there's a question here, but I sense your frustration and can agree with that. And the problem is that often employees just don't know what factors determine their pay, and have no way to compare their salaries with their co-workers. So this act would make it easier for people who, against the odds, eventually do determine that they've been paid discriminatorily.

Thanks for your comments.

Posted by: Kia | April 24, 2008 12:07 PM

Your post echoes the frustrations that many women in America are feeling right now as a result of Republican Senators efforts to block discussion on this important piece of legislation. The misinformation that has been put forth by John McCain in response to the cloture motion (which he skipped) reveals a willingness to deny wronged Americans a chance at remuneration in order to make a political statement about litigation.

McCain’s comments that, instead of legal recourse, women should be provided with additional “education and training,” show that he is either completely oblivious to the nature of pay discrimination (i.e.: paying an equally qualified individual less than another for equal work, on account of race, sex, disability etc…), or is just lying.

Beyond discrimination, perhaps this legislative failure will draw attention to another factor in the pay gap between men and women: unpaid child-care responsibilities. Women are more likely to be the primary caregivers for their children, and only three states have laws that require employers to provide paid leave (most often funded through payments from employees' own wages into disability insurance.) Unpaid leave translates into lower accumulated wages over a woman’s lifetime, plus entire families being confronted with extremely difficult choices. Having passed the Ledbetter Fair Pay Act would have been an important piece of the effort to narrow the pay gap, but would not have been an ultimate cure…although not for the reasons that McCain has asserted.

Posted by: Kim Francis | April 24, 2008 10:22 PM


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