Top five reasons to oppose the paycheck fairness act. Rosa delauro has introduced the paycheck fairness act, which would require employers to report pay salaries to the eeoc and protect. Makes the equal pay act defenses match those in similar title vii claims brings remedies available under the equal pay act into line with those available under other civil. At the time of the epas passage in 1963, women earned merely 59 cents to every dollar earned by men.
House of representatives voted to pass the paycheck fairness act, an act designed to amend and strengthen the existing federal equal pay act epa, 29 u. The debate between genevieve wood of the heritage foundation, the conservative thinktank, and langdell professor of law martha field centered on the paycheck fairness act, proposed legislation aimed at expanding the equal pay act of 1963, on september 15th of this year, the paycheck fairness act failed to pass in congress for the fourth time. Beyond the paycheck fairness act harvard journal on legislation. Heres what the 2020 candidates have done about equal pay. President, i rise today in support of the paycheck fairness act. Fighting for equal pay and the paycheck fairness act today, the president continues to advocate for passage of the paycheck fairness act, a comprehensive bill that strengthens the equal pay act of 1963, which made it illegal for employers to pay unequal wages to men and women who perform substantially equal work. Enactment of the paycheck fairness act is critical to help realize the.
In fact, our country once considered women to be the property of their fathers or husbands. The employment effects of the paycheck fairness act. House of representatives by a vote of 256 to 163 on january 9, 2009. The paycheck fairness act now has 40 cosponsors in the senate. Late requires the department of labor to conduct a study on the gender pay gap in the teenage workforce and provide recommendations for how to address the gap. Fairness act is necessary to help close the punishing gender wage gap by eliminating. Rubio makes his case against the paycheck fairness act. This november, the senate will likely vote on legislation known as the paycheck fairness act, to amend the fair labor standards act of 19381 and the equal pay act of 19632, in the name of giving women extra protection against sexism in the workplace. Enactment of the paycheck fairness act is critical to help realize the decadesold promise of equal pay for equal work. Shes talking, of course, about the paycheck fairness acta commonsense bill, as president obama has called it, that would make it easier for women to file classaction suits against.
Pass the paycheck fairness act the paycheck fairness act will be the hammer behind the nail put into place by the lilly ledbetter fair pay act. Conduct a pay equity study to mitigate litigation risks. Equal pay sounds good, but the paycheck fairness act isnt. May 04, 2012 the case against the paycheck fairness act. The paycheck fairness act looks like common sense, but instead of helping women it will hurt all workers.
And weve been proud to support and witness real progress happening at the state level, where lawmakers are offering creative new approaches to closing the gender pay gap. Allows the equal employment opportunity commission to study and conduct. The equal pay act and the civil rights laws that followed helped change the workplace and began to combat wage inequality, but these laws. Coinciding with introduction of the paycheck fairness act in 1997, the u. Fair pay act to ensure equal pay to those with comparable jobs. The paycheck fairness act september 2017 the landmark equal pay act of 1963 made it illegal for employers to pay unequal wages to women and men who perform equal work. One day after the paycheck fairness act was introduced in both chambers, senator deb fischer rne introduced s. The paycheck fairness act is a proposed united states labor law that would add procedural. Helping to close the wage gap for women more than forty years ago, president kennedy signed the equal pay act epa into law, making it illegal for employers to pay unequal wages to men and women who perform substantially equal work. There was a time when women were not allowed to vote or own property. The unintended consequences of the paycheck fairness act n 1.
It amends equal pay provisions of the fair labor standards act of 1938 to 1 restrict the use of the bona fide factor defense to wage discrimination claims, 2 enhance nonretaliation prohibitions, 3. The end desire of proponents of the paycheck fairness act seems to be collective pay scales, similar to those established for the federal workforce or in union contracts. Currently, under the equal pay act, once employees have provided prima facie evidence of sex discrimination in compensation, the burden of proof shifts to the employer to show that the difference in wages results from any factor other than sex. It is critical for women working today and into the future to get the paycheck fairness act passed. Mar 26, 2019 to help remedy this issue, the paycheck fairness act proposes a grant program for the development of negotiations skills trainings, which represent one component of a comprehensive set of reforms. Compliance manual and to consider only factors that were used in making compensation. Summary of the paycheck fairness act the paycheck fairness act amends the section of the fair labor standards act of 1938 flsa known as the equal pay act epa to broaden the enforcement of, and remedies for, sex. On the eve of equal pay day, celebrated this year on april 2, house democrats passed a new law intended to help close the wage gap between men and women. Fighting for equal pay and the paycheck fairness act. The unintended consequences of the paycheck fairness act. Feel free to reach out to the scholars directly, or contact dominik doemer to connect you.
The bill expands damages under the equal pay act and amends its very broad fourth affirmative defense. Amends the portion of the fair labor standards act of 1938 known as the equal pay act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Strengthening of equal pay laws is critical to help realize the decadesold promise of equal pay for equal work. The paycheck fairness act, however, would go further and place the burden of proof solely on the employer and force them to prove that differences in pay are related to bona fide factors, such as education, training or experience when defending against pay disparity lawsuits. Fiction the persistent and pernicious gap between the incomes of men and women has been improving at a rate of. The paycheck fairness act will prohibit retaliation for disclosure of salary information. This act may be cited as the paycheck fairness act. Expected to be considered march 27, 2019, under a structured rule that makes nine amendments in order. The paycheck fairness act reintroduced in congress on jan. The purpose of the original equal pay law still stands in that employers cannot discriminate. The paycheck fairness act is intended to provide a means to assess whether employers are setting wages based on an employees sex or on legitimate rationales tethered to business needs and the particular job in question.
Currently, under the equal pay act, once employees have provided prima facie evidence of sex discrimination in compensation, the burden of proof shifts to. Paycheck fairness act james sherk what is the paycheck fairness act pfa. The paycheck fairness act is critical legislation that expresses our nations commitment to equal pay for equal work and addresses several gaps in the equal pay act. Mar 28, 2019 the paycheck fairness act aims to strengthen equal pay protections for women by expanding upon the equal pay act of 1963 and the fair labor standards act. The gender wage gap persists women working fulltime, yearround earn only about 77 cents for every dollar earned by men, virtually the same amount women earned in 2004. Improving equal pay act remedies the act toughens the remedy provisions of the epa by. Direct the equal employment opportunity commission to conduct a survey of. The paycheck fairness act will be the hammer behind the nail put into place. Mar 27, 2019 the house is voting on the paycheck fairness act today, and if youre looking for expert commentary on the gender pay gap for your coverage, these scholars are responsive and available for comment. The case against the paycheck fairness act debate club.
The paycheck fairness act is ambitious, and obvious. Fiction the persistent and pernicious gap between the incomes of men and women has been improving at a rate of less than half a cent per year since 1963. The bill would update the equal pay act of 1963, a law that has not been able to achieve its promise of closing the wage gap because of limited enforcement tools and inadequate remedies. Labor departments office of federal contract compliance programs ofccp launched an effort, and in november 2000 issued a final rule, called the equal opportunity survey eo survey, to collect pay data. Equal pay for us women taken up by senate as study highlights. The paycheck fairness act middleclass americans are struggling more than ever just to keep up, and when women make less than men for the same work it makes it even harder for working families to succeed.
This bill amends equal pay provisions of the fair labor standards act of 1938 to. Congress must act to close the wage gap for women more than forty years ago, president kennedy signed the equal pay act epa1 into law, making it illegal for employers to pay unequal wages to men and women who perform substantially equal work. An analysis of reasons for the disparity in wages between men and women pdf. The paycheck fairness act will promote fair pay for women by improving our laws in three critical areas. But even the federal government has a percent pay gap attributed primarily to differences in occupational choices of men and women. The paycheck fairness act will help secure equal pay for equal work for all americans. Sb 207 amends the new hampshire state code, title xxiii labor chapter 275.
How the paycheck fairness act will strengthen the equal pay act may 2012 fact sheet employment the paycheck fairness act, introduced in both the house h. The rule would selfexecute an amendment offered by rep. President clinton catalyzed his time in office by enacting the family and medical leave act of 1993, one of several laborrelated stands he took. Lilly ledbetter major provisions of the bill the paycheck fairness act will promote fair pay. Paycheck fairness act national committee on pay equity.
The paycheck fairness act, which passed the house by a vote of 242187 on a largely partyline basis, is sponsored by representative rosa delauro dct, and would make. On the paycheck fairness act the paycheck fairness act s. Paycheck fairness act debated at hls harvard law today. The unintended consequences of the paycheck fairness act n 3 this policy paper will consider the causes of the wage gap, and then outline the unintended consequences that would arise from the changes in the paycheck fairness act, and their potential impacts on workers, businesses, and the economy. Aclu factsheet on the paycheck fairness act american civil. In addition, the paycheck fairness act calls for a study of data collected by the eeoc and proposes voluntary. The paycheck fairness act american bar association. Delauro for their work to ensure that the principle of equal pay for equal work is a reality for all workers. Apr 08, 2014 yet under the paycheck fairness act, employers would be exposed if an employee could demonstrate that an alternative employment practice exists that would serve the same business purpose without. The us senate is due to vote this week on the paycheck fairness act, which would.
Eisenberg testimony in support of paycheck fairness act 2. Progress for women in this country has not come easily or come quickly. Its with a heavy heart that i realize that it is ok with me that the paycheck fairness act didnt pass the senate. Now, i am working to pass the paycheck fairness act in the senate to revise and strengthen the equal pay act of 1963 and target gender pay discrepancies in the work place. Jun 19, 2012 june 19, 2012 confessions of a feminist on the paycheck fairness act. Congress must act to close the wage gap for women pay equity. Paycheck fairness act would hold employers accountable for. Apa, along with other advocates, urged congress to pass this critical legislation and supports the paycheck fairness act h. Mar 25, 2015 the paycheck fairness act is a critical step forward, and i applaud sen.
Democrats are working to pass the paycheck fairness act, and are hopeful that republicans will reverse their opposition to equal pay and help democrats increase economic oppor. The paycheck fairness act would force employers to report employees salaries to the government and allow employees to use that information, without valuable context, as a weapon against employers. The paycheck fairness act is commonsense legislation that, among other things, would achieve the following. The paycheck fairness act essentially works to close loopholes in the landmark equal pay act of 1963, which required that men and women receive equal pay for equal work. Apr 08, 2014 equal pay for us women taken up by senate as study highlights gender gap this article is more than 6 years old. Heres what the paycheck fairness act is really about it. Hoyer, 3262019 strong support for the paycheck fairness act bill samuel, director, government affairs, aflcio. The first bill signed by a president often foretells the future of his term. The paycheck fairness act would address the gender pay gap by helping women successfully fight for the equal pay they earn. The gender wage gap persists women working fulltime, yearround earn only about 77 cents for every dollar eamed by men, only a slight improvement from 76 cents in 2003.
Equal pay act amendment passes house of representatives. Moreover, if passed, the paycheck fairness act would have widespread implications for businesses and. According to a study from the boston consulting group, women reported controlling or influencing 73 percent of household spending. This bill addresses wage discrimination on the basis of sex.
The pfa will protect employees from retaliation not only for seeking redress, but also for inquiring about the employers wage practices or disclosing their own wages to coworkers. In addition, the paycheck fairness act calls for a study of data collected by the eeoc and proposes voluntary guidelines to show employers how to evaluate jobs with the goal of eliminating unfair disparities. Better align key equal pay act defenses with those in title vii. The legislation, sponsored by representative rosa delauro dct and. Administration task force call for enactment of paycheck fairness act. Paycheck fairness act american psychological association. The law would ban employers from asking job applicants how much they. Paycheck fairness act, a bill designed to raise womens wages. The paycheck fairness act aims to strengthen equal pay protections for women by expanding upon the equal pay act of 1963 and the fair labor standards act. Modernize the equal pay act the paycheck fairness act. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Paycheck fairness act would reduce pay and flexibility in the workplace rachel greszler and james sherk no.
In may 2014, the new hampshire paycheck fairness act sb 207 was signed into law to combat the states gender wage gap. The aflcio strongly urges your support of the paycheck fairness act h. A bill to amend the fair labor standards act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. Introduced in senate 04042017 paycheck fairness act. At a campaign event last night, hillary clinton told voters shes prepared to. House passes new bill aimed at closing the gender pay gap. Research shows that the gap arises out of a multitude of factors that. Passed by the house in january 2009, this legislation would strengthen the equal pay act of 1963, expand damages under the equal pay act, commission a study of data collected by the eeoc, and propose. The american association of university women also supported the bill, citing the organizations 2007 research report, behind the pay gap. Pay data collection regulatory transparency project. The landmark equal pay act of 1963 made it illegal for employers to pay. The case against the paycheck fairness act debate club us. Gillibrand has cosponsored legislation called the paycheck fairness act, a version of which recently passed in the house.
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