Equal Pay Day Marked by Progress & Need for Further Action to Close Wage Gap

Washington, D.C. –U.S. Senator Chris Dodd (D-CT) and Congresswoman Rosa L. DeLauro (Conn. -3) issued the following statement on Equal Pay Day, which falls on the number of additional days into 2009 that women have to work before earning what men earned in 2008.

In January, President Obama signed into law the Lilly Ledbetter Fair Pay Act, an important step that restores the original intent of Title VII of the Civil Rights Act. The Act overturned the Supreme Court's misguided decision in the case of Ledbetter v. Goodyear Tire and Rubber by clarifying that each paycheck resulting from a discriminatory pay decision would constitute a new violation of the law. However, legislation passed by the House at the same time as the Ledbetter bill, the Paycheck Fairness Act (H.R. 12), has not yet been considered by the Senate. This legislation would strengthen the Equal Pay Act – closing loopholes that have allowed employers to avoid responsibility for discriminatory pay.

"Equal Pay Day this year offers an opportunity to mark the progress we have made in our efforts to close the wage gap between men and women. The first piece of legislation passed by Congress and signed into law by President Obama took direct aim at gender discrimination. By enacting the Lilly Ledbetter Fair Pay Act, we ensured that Americans would not lose their right to fight pay discrimination. It is a victory for women and families across the country – especially as families find it more and more difficult to make ends meet in this economy.

"As we celebrate this achievement, however, we cannot rest on our laurels. We must renew our commitment to eliminating systemic gender discrimination once and for all. When the House passed the Lilly Ledbetter Fair Pay Act, it also passed the Paycheck Fairness Act again. We are committed to moving this bill through the Senate.

"Today, under the Equal Pay Act, employers have succeeded in blaming pay discrimination on market forces and prior salaries, even if those original factors have proven just as discriminatory. Moreover, remedies under the Equal Pay Act are limited to just twice a plaintiff's salary. As a result, damages are rarely high enough to act as a deterrent to employers or allow victims to pursue justice.

"We must begin by giving teeth to current law, close numerous loopholes in the 45-year old law and strengthen penalties for employers who discriminate based on gender.

"We must also protect employees from retaliation for sharing salary information with their co-workers. And we should create initiatives to provide negotiation skills training programs for girls and women. Just because gender-based pay discrimination is illegal does not mean it is no longer a significant problem.

"We must pass the Paycheck Fairness Act and send it President Obama for his signature."