Paycheck Fairness Act
Encyclopedia
The Paycheck Fairness Act is legislation being considered by the United States Congress
to expand the scope of the Equal Pay Act of 1963
and the Fair Labor Standards Act
as part of an effort to address male–female income disparity in the United States. Census Bureau data shows that women made 77 cents on the male dollar in 2008, a disparity sometimes attributed to systematic discrimination against women.
The House of Representatives
approved the bill in January 2009. The United States Senate
failed to move the bill forward in November 2010. President Barack Obama
said in March 2011 that he will continue to fight for the goals in the Paycheck Fairness Act. The bill was reintroduced in both houses of Congress in April 2011.
The bill being considered would make it easier for those who are the targets of wage discrimination to address the issue, allowing employees to disclose salary information with co-workers despite workplace rules prohibiting disclosure. Employers would be required to show that any wage discrepancies are based on genuine business requirements and are related to specific characteristics of the position that are not based on gender. The bill would also prohibit retaliation by companies against individuals who raise wage-parity issues, provide resources to help women develop their negotiating skills and would include further research to understand the lingering causes of wage discrepancies between men and women.
The 2010 Senate version of the bill had the support of the Obama administration
and that of Democrats
in the Senate, with President Barack Obama
calling the legislation "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". The American Civil Liberties Union
supported S.182, citing the 2008 data from the United States Census Bureau
that women earned 77 cents for each dollar earned by a man, while the corresponding ratios were 61 cents for African-American women and 52 cents for Hispanic women as compared to wages of white males. The American Association of University Women
also supported the bill, citing the organization's 2007 research report, Behind the Pay Gap, which showed that women earn less than their male colleagues just one year out of college. The pay gap has widened 10 years after graduation.
However, the 2010 bill had no Republican Party
co-sponsors, though a group of four Republican senators had supported an earlier bill to address gender-based wage discrimination, including Susan Collins
, Kay Bailey Hutchison
, Lisa Murkowski
and Olympia Snowe
.
Similarly, Christina Hoff Sommers
, a resident scholar at the American Enterprise Institute
, criticized the proposed law, citing the study by the United States Department of Labor
that showed that differences in pay between men and women are largely due to "the result of the individual choices being made by both male and female workers" in which women take jobs that are more family-friendly in terms of benefits rather than wages and that women are more likely to take breaks in employment to care for children or parents.
Columnist Daniel Fisher criticized the legislation in Forbes
magazine, saying that the elimination of the "reason other than sex" defense that could be used by employers under existing law would mean that wage differences based on an individual's salary history and negotiating skills would be treated as being evidence of discrimination, despite the fact that the employer's actions were not based on gender.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to expand the scope of the Equal Pay Act of 1963
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex . It was signed into law on June 10, 1963 by John F. Kennedy as part of his New Frontier Program...
and the Fair Labor Standards Act
Fair Labor Standards Act
The Fair Labor Standards Act of 1938 is a federal statute of the United States. The FLSA established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute...
as part of an effort to address male–female income disparity in the United States. Census Bureau data shows that women made 77 cents on the male dollar in 2008, a disparity sometimes attributed to systematic discrimination against women.
The House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
approved the bill in January 2009. The United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
failed to move the bill forward in November 2010. President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
said in March 2011 that he will continue to fight for the goals in the Paycheck Fairness Act. The bill was reintroduced in both houses of Congress in April 2011.
The bill being considered would make it easier for those who are the targets of wage discrimination to address the issue, allowing employees to disclose salary information with co-workers despite workplace rules prohibiting disclosure. Employers would be required to show that any wage discrepancies are based on genuine business requirements and are related to specific characteristics of the position that are not based on gender. The bill would also prohibit retaliation by companies against individuals who raise wage-parity issues, provide resources to help women develop their negotiating skills and would include further research to understand the lingering causes of wage discrepancies between men and women.
The 2010 Senate version of the bill had the support of the Obama administration
Presidency of Barack Obama
The Presidency of Barack Obama began at noon EST on January 20, 2009 when he became the 44th President of the United States. Obama was a United States Senator from Illinois at the time of his victory over Arizona Senator John McCain in the 2008 presidential election...
and that of Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
in the Senate, with President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
calling the legislation "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". The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
supported S.182, citing the 2008 data from the United States Census Bureau
United States Census Bureau
The United States Census Bureau is the government agency that is responsible for the United States Census. It also gathers other national demographic and economic data...
that women earned 77 cents for each dollar earned by a man, while the corresponding ratios were 61 cents for African-American women and 52 cents for Hispanic women as compared to wages of white males. The American Association of University Women
American Association of University Women
The American Association of University Women advances equity for women and girls through advocacy, education, and research. It was founded in 1882 by Ellen Swallow Richards and Marion Talbot...
also supported the bill, citing the organization's 2007 research report, Behind the Pay Gap, which showed that women earn less than their male colleagues just one year out of college. The pay gap has widened 10 years after graduation.
However, the 2010 bill had no Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
co-sponsors, though a group of four Republican senators had supported an earlier bill to address gender-based wage discrimination, including Susan Collins
Susan Collins
Susan Margaret Collins is the junior United States Senator from Maine and a member of the Republican Party. First elected to the Senate in 1996, she is the ranking member of the Senate Committee on Homeland Security and Governmental Affairs...
, Kay Bailey Hutchison
Kay Bailey Hutchison
Kathryn Ann Bailey Hutchison, known as Kay Bailey Hutchison , is the senior United States Senator from Texas.She is a member of the Republican Party. In 2001, she was named one of the thirty most powerful women in America by Ladies Home Journal. The first woman to represent Texas in the U.S....
, Lisa Murkowski
Lisa Murkowski
Lisa Ann Murkowski is the senior U.S. Senator from the State of Alaska and a member of the Republican Party. She was appointed to the Senate in 2002 by her father, Governor Frank Murkowski. After losing a Republican primary in 2010, she became the second person ever to win a U.S...
and Olympia Snowe
Olympia Snowe
Olympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
.
Criticism
A 2007 Department of Labor study cautioned against overzealous interpretation of census and other wage data, suggesting that the wage gap between the sexes was not due to systematic discrimination:- Although additional research in this area is clearly needed, this study leads to the unambiguous conclusion that the differences in the compensation of men and women are the result of a multitude of factors and that the raw wage gap should not be used as the basis to justify corrective action. Indeed, there may be nothing to correct. The differences in raw wages may be almost entirely the result of the individual choices being made by both male and female workers.
Similarly, Christina Hoff Sommers
Christina Hoff Sommers
Christina Hoff Sommers is an American author and former philosophy professor who is known for her critique of late 20th century feminism, and her writings about feminism in contemporary American culture...
, a resident scholar at the American Enterprise Institute
American Enterprise Institute
The American Enterprise Institute for Public Policy Research is a conservative think tank founded in 1943. Its stated mission is "to defend the principles and improve the institutions of American freedom and democratic capitalism—limited government, private enterprise, individual liberty and...
, criticized the proposed law, citing the study by the United States Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
that showed that differences in pay between men and women are largely due to "the result of the individual choices being made by both male and female workers" in which women take jobs that are more family-friendly in terms of benefits rather than wages and that women are more likely to take breaks in employment to care for children or parents.
Columnist Daniel Fisher criticized the legislation in Forbes
Forbes
Forbes is an American publishing and media company. Its flagship publication, the Forbes magazine, is published biweekly. Its primary competitors in the national business magazine category are Fortune, which is also published biweekly, and Business Week...
magazine, saying that the elimination of the "reason other than sex" defense that could be used by employers under existing law would mean that wage differences based on an individual's salary history and negotiating skills would be treated as being evidence of discrimination, despite the fact that the employer's actions were not based on gender.
External links
- Bill Summary & Status 111th Congress (2009 - 2010) S.182, Library of CongressLibrary of CongressThe Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
- S. 182: Paycheck Fairness Act, GovTrackGovTrackGovTrack.us is a website developed by then-student Joshua Tauberer who launched it as a hobby. It enables its users to track the bills and members of the United States Congress. Users can add trackers to certain bills. The website collects data on Congress members, allowing the users to check...