Mikulski, DeLauro Mark Equal Pay Day by Introducing Bill to Close Pay Gap for Women
Paycheck Fairness Act strengthens federal pay equity laws
WASHINGTON, D.C. – In honor of Equal Pay Day, U.S. Senator Barbara A. Mikulski (D-Md.) today introduced the Paycheck Fairness Act to strengthen federal pay equity laws and ensure equal pay for equal work. Congresswoman Rosa L. DeLauro (D-Conn.) introduced the bill in the House of Representatives. Equal Pay Day is the day that represents how far into 2011 women have to work to earn what men earned in 2010.
“Women make this country run – we are business leaders, entrepreneurs, politicians, mothers and more,” Senator Mikulski said. “We also bring home a growing share of the family pocketbook. But we earn just 77 cents for every dollar our male counterpart makes, and women of color get even less. Inexplicably, these disparities exist across all levels of education and occupation. In Maryland, the average woman has to receive a bachelor’s degree before she earns as much as the average male high school graduate. This is unacceptable, and with many Americans earning less and operating on smaller family budgets, the issue of pay equity is being felt now more than ever."
“Forty-eight years ago, the Equal Pay Act, which was supposed to ensure Americans receive equal pay for equal work, was enacted into law. Fourteen years ago, the Paycheck Fairness Act, which seeks to enforce and strengthen the Equal Pay Act, was introduced in Congress. And yet, in this country today, women still make only 77 cents on the dollar as compared to men. This is unacceptable, especially as more and more women become their family’s sole or co-breadwinners,” said Congresswoman DeLauro. “It is critical that we act, and by giving real teeth to the Equal Pay Act, we will make sure that women get the respect and compensation they deserve.”
The Senate bill is co-sponsored by Senators Daniel Akaka (D-Hawaii), Barbara Boxer (D-Calif.), Maria Cantwell (D-Wash.), Ben Cardin (D-Md.), Robert P. Casey Jr. (D-Pa.), Chris Coons (D-Del.), Dick Durbin (D-Ill.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), Tom Harkin (D-Iowa), John Kerry (D-Mass.), Amy Klobuchar (D-Minn.), Frank R. Lautenberg (D-N.J.), Patrick Leahy (D-Vt.), Carl Levin (D-Mich.), Claire McCaskill (D-Mo.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Harry Reid (D-Nev.), Jeanne Shaheen (D-N.H.), Debbie Stabenow (D-Mich.), Sheldon Whitehouse (D-R.I.) and Ron Wyden (D-Ore.).
The Paycheck Fairness Act builds on the promise of the Equal Pay Act of 1963 and helps close the pay gap by empowering women to negotiate for equal pay, closing loopholes courts have created in the law, creating strong incentives for employers to obey the laws and strengthening federal outreach and enforcement efforts.
Specifically, the legislation:
• Clarifies the ‘any factor other than sex’ defense so an employer trying to justify paying a man more than a woman for the same job must show the disparity is not sex-based; is job related and is necessary for the business.
• Prohibits employers from retaliating against employees who discuss or disclose salary information with their co-workers.
• Strengthens the remedies available to include punitive and compensatory damages. Under the EPA currently, plaintiffs can only recover back pay or, in some cases, double back pay. The bill would ensure that women can receive the same remedies for pay discrimination that are available under other laws for discrimination based on race and national origin.
• Requires the Department of Labor to improve outreach and training efforts to work with employers in order to eliminate pay disparities.
• Enhances the collection of information on women’s and men’s wages in order to more fully explore the reasons for the wage gap and help employers in addressing pay disparities.
• Creates a new grant program to help strengthen the negotiation skills of girls and women.
Senator Mikulski led the fight on the Senate floor for the Lilly Ledbetter Fair Pay Act, which was written to remedy the 2007 Ledbetter v. Goodyear Tire & Rubber Co. decision in which a divided Supreme Court held that workers must sue for pay discrimination within 180 days after the original pay-setting decision, no matter how long the unfair pay continues.
The Lilly Ledbetter Fair Pay Act amended Title VII of the Civil Rights Act of 1964, making it possible for employees to seek a legal remedy based on each discriminatory paycheck, not just during the first 180 days of pay discrimination. It was the first bill signed into law by President Obama.
“I believe people should be judged solely by their individual skills, competence, unique talents and nothing else in the workplace,” Senator Mikulski said. “Once you get a job because of your skills and talents, you better get equal pay for equal work. That’s what the Paycheck Fairness Act is all about.”