After 11 years, a bill that would increase penalties for pay discrimination
against women could soon be on the floor of the House of Representatives.
On Thursday, July 24, the House Education and Labor Committee approved the
Paycheck Fairness Act on a party-line vote, 26-17. The bill updates a mid-1960s
law that prohibits wage disparities between men and women performing the same
job.
The measure would put gender discrimination on par with racial discrimination
in terms of remedies by allowing women to sue for punitive and compensatory
damages.
“If we are serious about closing the gender pay gap, we must get serious
about punishing those who would otherwise scoff at the weak sanctions under
current law,” said Rep. George Miller, D-California and chairman of the
committee. He cited Census Bureau statistics that show women make 77 cents for
every dollar earned by a man.
Under the bill, a company that pays women at a different rate than men would
have to prove that the practice is based on a business necessity.
The measure would permit workers to share pay information and prohibit
employers from banning such discussions from the office. It also would establish
Department of Labor grants for “negotiation skills training programs for girls
and women.”
Republicans criticized the bill, saying it was unnecessary because the Equal
Pay Act of 1963 already makes wage discrimination illegal. They asserted that
the bill would increase litigation costs and undermine recruiting and
hiring.
“What we’re really debating here today is whether it should be easier for
trial lawyers to cash in under the Equal Pay Act, and whether it should be more
difficult for employers to make legitimate employment decisions based on factors
other than sex,” said Rep. Howard “Buck” McKeon, R-California and the ranking
member of the labor committee.
Republicans kept the bill bottled up while they controlled the House. It was
in the hopper for a decade before finally getting a hearing, which didn’t occur
until Democrats captured the majority last year.
Now it could be speeding along. The bill’s author, Rep. Rosa DeLauro,
D-Connecticut, said it could be placed on the House calendar for a vote as early
as the week of July 28.
“This is the thrill of a lifetime,” she said in an interview after the labor
committee action.
The full House will almost certainly approve the bill, which has 230
co-sponsors. But the Senate companion bill is unlikely to make it through the
legislative process this year.
Nonetheless, a House vote would help Democrats politically. Battling pay
disparity is an issue that the party believes is one of its strong suits,
especially as the economy falters.
Polls show presumptive Democratic presidential nominee Sen. Barack Obama
leading Republican rival Sen. John McCain by a substantial margin among
women.
“There is a sense of economic insecurity for women,” DeLauro said. “It’s
palpable nationwide.”
Before the final labor committee vote on the bill, Republicans offered an
amendment that framed wage worries in a different way, linking them to rising
gas prices. It would have directed the Bureau of Labor Statistics to conduct a
study on “the increase in the price of gasoline to unprecedented levels … and
the effect of such an increase on the income of women workers.”
That amendment and one that would allow employees to take compensatory time
off in lieu of overtime pay were denied a vote because Democrats said they were
not related to the underlying bill.
—Mark Schoeff Jr.