Lilly Ledbetter Fair Pay Act

Debate Exposes Importance of Supreme Court to Working Women

The discussion of Lilly Ledbetter highlights the threat to working women that Mitt Romney's Supreme Court would pose.
PFAW

PFAW urges you to contact Congress tomorrow on Equal Pay Day

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

Representative Rosa DeLauro (D-CT3) and Senator Barbara Mikulski (D-MD) are expected to reintroduce the Paycheck Fairness Act tomorrow in honor of Equal Pay Day. Ask your Representative and Senators to support this important legislation. Be sure to thank them if they’re already cosponsors.

According to the National Committee on Pay Equity, tomorrow:

[S]ymbolizes how far into 2011 women must work to earn what men earned in 2010.

Equal Pay Day was originated by the National Committee on Pay Equity (NCPE) in 1996 as a public awareness event to illustrate the gap between men's and women's wages.

Since Census statistics showing the latest wage figures will not be available until late August or September, NCPE leadership decided years ago to select a Tuesday in April as Equal Pay Day. (Tuesday was selected to represent how far into the work week women must work to earn what men earned the previous week.) The date also is selected to [avoid] religious holidays and other significant events.

Because women earn less, on average, than men, they must work longer for the same amount of pay. The wage gap is even greater for most women of color.

In addition to NCPE, National Women’s Law Center, the American Association of University Women, and the American Civil Liberties Union are among the many good resources for information and action. I would also encourage you to check out MomsRising. Then visit our web site for a fact sheet and letters to the House and Senate.

PFAW

Paycheck Fairness Act alert – two days left

The Senate is scheduled to take its first votes of the lame duck session this Wednesday. Number 2 on the list – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

In addition to our recent fact sheet, PFAW has just sent its letter to the Senate urging the bill’s passage.

November 15, 2010

United States Senate
Washington, DC 20510

Dear Senator:

President Obama’s signing of the Lilly Ledbetter Fair Pay Act formed a strong foundation for pay equity in this country. Now that fair access to the courts has been restored, it is time to build on that foundation. On behalf of the hundreds of thousands of members of People For the American Way, we urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

The Ledbetter v. Goodyear decision was a clear step backward for ending employment discrimination in the workplace, when the Supreme Court held that employees could not challenge ongoing compensation discrimination if the employer’s original discriminatory decision occurred more than 180 days before filing of the claim. The Lilly Ledbetter Fair Pay Act was meant to correct this misinterpretation of the nation’s civil rights laws. It reiterates Congress’ intent to hold employers accountable for discrimination and allows employees a fair chance to fight back.

But they still need the tools to do so. S. 3772 strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

S. 3772 sends a clear message: The wage gap is real. No employer should benefit from discriminating against employees like Lilly Ledbetter. Retaliating against employees who fight for equal pay is unacceptable. Pay equity should be the rule, not the exception. What S. 3772 does not do is also clear: It does not eviscerate employers’ legal rights. It does not take away their right to set their own business practices or constrain them in terms of job applicants. It does not create unfair comparisons between jobs performed or where they’re performed. It does not hurt small businesses, and it certainly does not negatively impact women.

In fact, S. 3772 is good for families who are facing daily struggles in this unsteady economy. The last thing they should be worrying about is whether the women who work so hard to support them are being treated fairly in the workplace. Americans know this to be true. According to a June 2010 National Partnership for Women and Families/Lake Research Partners poll(1) regarding the Paycheck Fairness Act, 84% said they supported “a new law that would provide women more tools to get fair pay in the workplace.” 72% expressed strong support. This message resonated with men (81% support/69% strong) and women (87% support/74% strong) and among Democrats (91% support/83% strong), Republicans (77% support/61% strong), and Independents (87% support/70% strong). It also holds up among racial and ethnic groups and across geographic regions.

For these reasons and more, we strongly urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

Sincerely,

Michael B. Keegan
President

Marge Baker
Executive Vice President for Policy and Program

(1) A press release announcing the poll results is available at http://www.nationalpartnership.org/site/News2?page=NewsArticle&id=24776&security=2141&news_iv_ctrl=1741. Visit http://www.nationalpartnership.org/site/DocServer/5-2010_Poll_Data_One_Pager.pdf?docID=6681 for additional information.

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s tomorrow – the day before the vote.

It was way back in January 2009 that the House passed the Paycheck Fairness Act. Please join American Association of University Women, American Civil Liberties Union, the National Committee on Pay Equity, National Women’s Law Center, and hundreds of other organizations nationwide in calling on the Senate to do the same and send this important legislation to the President’s desk.

PFAW

Women Are Not WorthLess

With time running short in the 111th Congress, National Women’s Law Center wants the Senate to know that Women Are Not WorthLess.

National Women’s Law Center produced this new video as part of their ongoing efforts to pass the Paycheck Fairness Act, which People For the American Way supports, along with American Association of University Women, American Civil Liberties Union, National Committee on Pay Equity, and hundreds of other organizations and countless advocates nationwide.

Equal pay in America needed to be put back on track after the Supreme Court’s devastating Ledbetter v. Goodyear ruling, and the Lilly Ledbetter Fair Pay Act answered that call – as the first major milestone of the Obama Administration. Still, this new law cannot on its own do the job of eliminating the wage gap. Additional tools are necessary to bring equality to the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. Especially in this unsteady economy, people who are struggling to pay their bills shouldn’t have to worry about whether they are being discriminated against in the workplace. We need the Paycheck Fairness Act.

It was way back in January 2009 that the House passed the Paycheck Fairness Act. Please join National Women’s Law Center and Women Are Not WorthLess in calling on the Senate to do the same and send this important legislation to the President’s desk.

PFAW

Give the gift of equal pay on Mother’s Day

As we mark Mother’s Day this Sunday, think about taking action to support women’s rights. Ask your Senators to support the Paycheck Fairness Act. Be sure to thank them if they’re already cosponsors.

Equal pay in America needed to be put back on track after the devastating Ledbetter ruling, and the Lilly Ledbetter Fair Pay Act answered that call – but it wasn’t the last word. The Paycheck Fairness Act would move us even further forward by providing the tools necessary to enforce equity in the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. It ensures that employers would not have the incentive to continue to discriminate against workers like Lilly Ledbetter, and in doing so actually increases employer incentives for pay equity. It would also prohibit retaliation against workers who ask about employers’ wage practices and increase educational outreach to employers and employees about proper pay practices.

National Women’s Law Center, the American Association of University Women, and the American Civil Liberties Union are among the many good resources for information and action. I would also encourage you to check out the National Committee on Pay Equity.

PFAW

Correcting the Court is nothing new

On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law, restoring the rights taken away by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Company. One year to the day, a new movement is afoot to correct the Court.

Title VII of the Civil Rights Act of 1964 was enacted to protect individuals from discrimination they face in the workplace.  In Ledbetter, the Supreme Court undermined that protection by holding that employees who are subjected to pay discrimination must bring a complaint within 180 days of the discriminatory compensation decision and that each paycheck that is lower because of such discrimination does not restart the clock.  Advocates fought hard for a law that would reiterate Congress’ intent to hold employers accountable for their discriminatory practices and to allow employees a fair chance to challenge unlawful pay discrimination.

Advocates are now calling for another Court correction, this time in response to the Citizens United ruling, which prohibits Congress from limiting the influence of corporations in elections for public office. Not only is this a radical departure from longstanding precedent, it defies common sense: it argues that corporations and American citizens have identical free speech rights under the Constitution. As Justice Stevens pointed out in his dissent, corporations are not people. They cannot vote, they cannot hold office, and they should not be allowed to pour billions of dollars into our system of government.

Unfortunately the fix we found in for the Ledbetter decision is not enough to fix Citizens United. Legislation, while important and critically needed to mitigate the effects of the decision, may ultimately prove to be inadequate against the unfettered influx of corporate election spending. Only a constitutional amendment can restore the American people’s authority to regulate corporate influence in our elections and restore our democracy.

People For the American Way is calling for just such an amendment. Click here for more information and to sign our petition.

PFAW

Executive privilege for Rove?

This was an exciting week. Our efforts to prevent the Right from building Senate opposition against Attorney General-nominee Eric Holder paid off and his nomination was approved by a 17-2 vote in the Senate Judiciary Committee. And yesterday President Obama signed into law the Lilly Ledbetter Fair Pay Act. I was at the bill signing ceremony and it was amazing to see the leaders of our government, up to the President of the United States, so invested in enacting a law to protect civil rights.

We are not "the opposition" anymore, but we still have a vital role in passing progressive policy and making the change we need as a country happen. Many progressives have differing opinions on how best to move forward. The Bush administration was a common enemy. Its every move was predictable, motivated by its allegiance to a set of radical ideologies and ideologues. Now we are faced with the challenge of cleaning up the past administration's messes and moving our country forward. A legitimate question to ask is, how much of that effort should include holding Bush administration officials accountable for their trespasses against the Constitution and our nation's values?

Rep. John Conyers, Chair of the House Judiciary Committee, has subpoenaed Karl Rove to testify before the Committee on Monday about his role in the firing of nine U.S. attorneys and some other matters like the prosecution of former Alabama Gov. Don Siegelman. Rove along with other Bush administration officials had hidden behind "executive privilege," evading testimony by essentially ignoring congressional subpoenas. And now, even with the Bush administration out of office, it looks like he's at it again!

Through his lawyers, four days before his term was up, former President Bush informed Rove that he was continuing to assert executive privilege over any testimony by Rove -- even after he leaves office -- and instructed him not to cooperate with congressional inquiries.

People For the American Way was a leader in the fight for Bush administration accountability, helping to get Congress to pass contempt citations against other Bush officials who hid behind executive privilege. Even though a new administration has taken over, if the law was broken, if the Constitution was violated, those who are guilty should be held accountable in order to preserve the rule of law and send the message to future generations and presidents that violating the law and people's rights will not go unanswered.

Getting to the bottom of the U.S. Attorney scandal and the politicization of the DOJ's Civil Rights Division is essential to cleaning up the Justice Department and putting it back to work for the American people. And I know we would all rather see Rove squirming in a congressional hot seat than as a talking head on cable news networks.

People For the American Way will not take this affront to justice sitting down. Expect us to be out front with a strong response if Rove chooses to be a no show on Monday. We'll also let you know what you can do to weigh in and make sure Rove and others in the Bush administration are held accountable and justice is served.

PFAW

Energized and ready to pave the way

In President Obama's first few days in office, he has already undone some serious damage from the previous administration with the stroke of a pen. He signed orders to close Guantanamo and the CIA's network of secret foreign prisons. And he repealed the global gag rule prohibiting U.S. dollars and contraceptive supplies from going to any international family planning program that provides abortions or counsels women about their reproductive health options. He's nominated stellar candidates to run the government, many of whom have been confirmed and started their work.

Great start!

President Obama's inauguration this week was enthusiastically celebrated by Americans of all political stripes. Even many former Bush supporters have embraced President Obama and agree that the country needs to move beyond partisanship and division. President Obama's high approval ratings are a clear indication that Americans are willing and ready to do what's needed to heal our economy, restore our good standing in the world and meet the enormous challenges we face.

Unfortunately, it seems that not quite everyone is ready to move forward with us. On Wednesday, led by Sens. Arlen Specter and John Cornyn, Republicans on the Senate Judiciary Committee delayed a committee vote on Attorney General-nominee Eric Holder. Blocking confirmation of this historic nominee is exactly what Americans don't need or want. Whatever political assurances they may be seeking from Holder before he takes the reins at the DOJ, as attorney general, Holder's only commitments should be to the Constitution, the law and the American people (commitments he has already demonstrated that he will honor).

Some of these same Senate Republicans even tried to play partisan games with the Lilly Ledbetter Fair Pay Act, using their ability to offer amendments to slow the legislation. But I am happy to report that last night the Senate passed it! Thank you to all of you who took action over the last few years in support of the bill -- this is a tremendous victory. Next up: the Paycheck Fairness Act! Stay tuned for more on that as we keep up the pressure to get that through the Senate.

Eric Holder's confirmation. The Lilly Ledbetter Fair Pay Act. These are things worth fighting for. We can't count on any party or branch of government to always to do the right thing, but when they do, we need to be there to block for them -- to make sure we're countering the opposition who would deter progress and the restoration of constitutional values to our government.

PFAW

Double Talk Express: McCain and Fair Pay

At a town hall meeting last week, John McCain appeared to pledge in earnest to fight discrimination and, if necessary, take offenders to court:

But it was McCain who sided with corporate lobbyists earlier this year and opposed the Lilly Ledbetter Fair Pay Act. Why, you might ask? He claimed “it would lead to more lawsuits.”

Later, at a different town hall meeting, he told a 14-year-old girl that the Fair Pay Act wouldn’t help anyone but “trial lawyers and others in that profession.”

What’s worse, McCain has helped confirm hundreds of right-wing federal judges to the very courts that he claims he would use to fight discrimination. The problem is, those judges – including Chief Justice John Roberts and Justice Samuel Alito – have consistently whittled away at Americans’ protections against discrimination. And they’ve made it increasingly difficult for those Americans’ who do suffer discrimination to win just compensation.

The Ledbetter Fair Pay Act, for instance, was created to undo the damage done by the Supreme Court in the Ledbetter ruling, which made it easier for companies to get away with pay discrimination. McCain not only endorsed the ruling, but he has vowed to nominate more judges like the ruling’s author – Justice Samuel Alito.

If McCain wanted to try some real straight talk for a change, he’d simply tell the women of America that under a McCain administration, they’d be on their own.

PFAW

Another Shot At Fair Pay

Via TAPPED, it looks like the Lilly Ledbetter Fair Pay Act will be up for another vote in the Senate this month. John McCain has opposed it in the past, and last time it was defeated in a procedural vote. But if Sen. McCain wants to admit his mistake and support the bill now, we’d all welcome his change of heart.

PFAW