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.

The Senate is scheduled to take its first votes of the lame duck session on Wednesday, November 17. 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.

So that you’re prepared for next week, we have updated our fact sheet on the bill. Here’s a sample of our talking points.

The Paycheck Fairness Act 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 the Paycheck Fairness Act 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.

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 Tuesday, November 16 – 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.

With the House and Senate set to reconvene next week, we’re hearing a lot of talk about what will or won’t be considered, especially when it comes to the FY 2011 Defense authorization bill. PFAW and AAMIA have both supported the inclusion of Don’t Ask, Don’t Tell repeal, which passed as an amendment on the House floor and in the Senate Armed Services Committee. Now is the time – likely the only time for the foreseeable future – to close the deal on the Senate floor and send repeal to the President’s desk.

Senator McCain, who was behind the bill’s filibuster back in September, is waging a very public campaign to convince Chairman Levin to water down his proposal and drop repeal. Aubrey Sarvis, Executive Director of the Servicemembers Legal Defense Network, put the rumors in perspective.

Sarvis told Roll Call that he expects Levin to bring the defense bill to a vote with the repeal in it, and he called it “premature” to speculate on whether Levin will yield to McCain’s pressure. The most important thing for now, he said, is for proponents of the repeal to take the reins in framing the message on the issue.

“There’s no doubt McCain is trying to frame the debate early, even before Senators return for the lame duck,” Sarvis said. “We’re trying to counter where McCain is out there saying the only bill that can move out there is a watered-down bill. That assertion needs to be pushed back on.”

Senators Lieberman, Udall (Mark), and Gillibrand added their own call to action.

The Senate should act immediately to debate and pass a defense authorization bill and repeal ‘Don’t Ask, Don’t Tell’ during the lame duck session. The Senate has passed a defense bill for forty-eight consecutive years. We should not fail to meet that responsibility now, especially while our nation is at war. We must also act to put an end to the ‘Don’t Ask, Don’t Tell’ policy that not only discriminates against but also dishonors the service of gay and lesbian service members.

The National Defense Authorization Act is essential to the safety and well-being of our service members and their families, as well as for the success of military operations around the world. The bill will increase the pay of all service members, authorize needed benefits for our veterans and wounded warriors, and launch military construction projects at bases throughout the country.

Defense Secretary Robert Gates did the same in a recent interview.

I would say that the leaving "don't ask, don't tell" behind us is inevitable. The question is whether it is done by legislation that allows us to do it in a thoughtful and careful way, or whether it is struck down by the courts. Because recent court decisions are certainly pointing in that direction. And we went through a period of two weeks in October where we had four different policy changes in the space of, as I say, two weeks, from striking it down totally, to a stay, to appeal, and so on. So I I think we have the least flexibility. We have the least opportunity to do this intelligently and carefully and with the kind of preparation that is necessary, if the courts take this action as opposed to there being legislation.

Don’t Ask, Don’t Tell repeal is still very much within our reach. Contact your Senators and Majority Leader Reid, the Department of Defense, and the White House. Thank our supporters and urge them to stand up and speak out. Urge the opposition to change course.

Note that the long-awaited Pentagon study is set to be released on December 1. We have every reason to believe that good news is coming. We must keep fighting.

Click here for more information on the path forward.

October 28 marked the one-year anniversary of President Obama’s signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. I recently wrote about how honoring Matthew is part of Making It Better. Not only must we make sure that the law bearing his name is effectively implemented, but we must also ensure school safety for LGBT youth – a fact not lost on the Department of Education.

The Department’s Office for Civil Rights has issued guidance to address bullying in schools, especially as it relates to federal education anti-discrimination laws. One of those laws, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex. While the language does not specify sexual orientation and gender identity, the Department has made clear that harassment on these grounds, under certain circumstances, violates Title IX.

Although Title IX does not prohibit discrimination based solely on sexual orientation, Title IX does protect all students, including lesbian, gay, bisexual, and transgender (LGBT) students, from sex discrimination. When students are subjected to harassment on the basis of their LGBT status, they may also [. . .] be subjected to forms of sex discrimination prohibited under Title IX. The fact that the harassment includes anti-LGBT comments or is partly based on the target’s actual or perceived sexual orientation does not relieve a school of its obligation under Title IX to investigate and remedy overlapping sexual harassment or gender-based harassment. [. . .] Had the school recognized the conduct as a form of sex discrimination, it could have employed the full range of sanctions (including progressive discipline) and remedies designed to eliminate the hostile environment.

Eliza Byard, Executive Director of the Gay, Lesbian and Straight Education Network, applauded the guidance.

The Departments of Education and Justice are rightly focused on the plight of certain religious students and lesbian, gay, bisexual and transgender students who may not be receiving the full protections from bullying and harassment that are their right. While additional, specific protections are still needed, I commend this Administration for doing all in its power to protect vulnerable students.

David Warren, Director of Education at the Anti-Defamation League, further noted the importance of the guidance.

Federal leadership on this important issue is critical to ensure that schools are safe places for all students, and that they help foster a culture in which bias and bullying are not tolerated. The guidelines will help community members work together to promote a civil and respectful environment for children, online as well as offline.

As did the Human Rights Campaign, who went on to describe next steps.

In order to fully protect LGBT young people, HRC continues to call on the administration to go beyond today’s interpretation of existing law and come out in support of two important pieces of legislation: the Student Non-Discrimination Act and the Safe Schools Improvement Act. The Student Non-Discrimination Act would explicitly prohibit discrimination by schools against public school students on the basis of sexual orientation and gender identity.  The Safe Schools Improvement Act would require schools and districts receiving federal funds to adopt codes of conduct specifically prohibiting bullying and harassment, including on the basis of sexual orientation and gender identity.

With Election Day half over (at least for some), we have three new reports of the Right Wing’s voter-fraud fraud and voter suppression. This follows up on a couple of the items Miranda shared earlier this afternoon.

Florida. Consider this another case of the Right fighting back against a government that fails to buy into their voter-fraud fraud. The Rick Scott for Governor Campaign and the Florida Republican Party recently launched the Honest Voter Hotline.

While we are hopeful that Election Day will be free of any wrongdoing, we have seen that allies of the Democrat Party, have shown a willingness to commit fraud across the country, in both this election cycle and recent years. Given the tightness of the polls, all examples of fraud must be addressed to preserve the integrity of the election.

We, too, want Election Day to be free of wrongdoing – and free of claims that voter fraud is a pervasive national problem when it simply isn’t.

Kansas. State Attorney General Steve Six has opened an investigation into weekend robocalls alleged to not only give the incorrect election date but also false information regarding voter ID. Kansas requires ID only for first-time voters, and that’s only if they didn’t provide ID when registering to vote. Targets of the robocalls reported being told to bring their voter registration cards and proof of homeownership. Neither is necessarily required, and voting certainly isn’t restricted to homeowners. The original complaint was filed by the Kansas Democratic Party based on reports it received from individual voters.

South Carolina. Reports have surfaced regarding harassment targeted at Black students and Black voters generally. At Benedict College, a historically Black institution, the perpetrators have done what they can to make voting difficult or uncomfortable, even forcing some voters to fill out provisional ballots. At Sumter’s North Hope Center precinct, and possibly other locations, they’re manufacturing a similar air of uneasiness.

Reports continue to pour in of the Right Wing’s voter-fraud fraud and voter suppression related to today’s election. I wanted to make sure you’d seen some of the stories that haven’t yet made it into our reports.

11/1 SUCCESS: Justice Department Sends Monitors to Maricopa, AZ, Arpaio Breaks Ties with Extreme Group

10/29 Tom Corbett Turnout Comment Fires Up Dems in Pennsylvania

10/29 Voters warned about bogus online ballots

10/29 'Fox & Friends' Lies About Chicago Ballots For Soldiers, Inmates

10/27 Right Warns of Voter Fraud, But Do Their Claims Have Merit?

10/26 Fraudulent Voting Re-emerges as a Partisan Issue

10/26 Fake the Vote: Why would anyone commit voter fraud?

Reports continue to pour in of the Right Wing’s voter-fraud fraud and voter suppression related to next Tuesday’s election. Today, instead of lions, and tigers, and bears, they want you to worry about Big Macs, and Mexicans, and zombies. Oh my!

Here’s the latest.

Big Macs. Alan Schulman of Schulman Zimmerman & Associates in Canton has contacted local prosecutors regarding a disturbing handbill sent to employees at a McDonald’s franchise in Ohio. The handbill, enclosed with recent paychecks, reportedly tells employees that they must vote for a slate of Republican candidates, or else. “[If] the right people are elected, we will be able to continue with raises and benefits at or above our present levels. If others are elected we will not.”

Mexicans. We’ve long heard about the vast numbers of undocumented immigrants who apparently think it’s worth risking deportation to appear at a polling place and try to vote. Now, apparently, the claim is that Mexicans are being bused across the southern border to sway the election in favor of Democrats, in exchange for short trip and a free meal. At least that’s what Jesse Kelly (R) wants you to believe (scroll down for audio). Kelly is challenging US Congresswoman Gabrielle Gifford (D) for Arizona’s 8th District.

Zombies. This might just be the best yet. Did you know that zombies are voting? The Tea Party Paranormal Society – you heard me right, the Tea Party Paranormal Society – is dedicated to stopping zombies from voting.



They even have instructions on how to perform a Zombie Voter exorcism.

Basic Instructions to find, identify, and exorcise Zombie Voters:

1. Go to your local municipal court house
2. Find Clerk of Court Office
3. Obtain a copy of the death rolls
4. Copy names of the deceased potential voters going back at least 2 election cycles
5. Upon completion of this project notify media that you are in possession of the names of all deceased potential voters in the area
6. Provide a copy list to appropriate conservative representative and/or poll watchers, and instruct them of the legal process in your jurisdiction on how to challenge a fraudulent vote (information obtained from commissioner of elections, registrar, or other appropriate authority from your state)
7. Document everything and get video if possible

Happy Halloween!

In other news:

• AZ secretary of state debunks right wing voter-fraud conspiracy theory
• Elderly Black Voters Allegedly Intimidated At Their Homes In Texas
• True The Vote Documents Show Hidden Donations, Republican Ties
• New Mexico voter registration forms are fraudulently altered - by Republicans

As my colleague Paul recently pointed out, the trouble with voter fraud is not that voters are committing fraud – it’s that we’re constantly being told that voter fraud is a pervasive national problem when it simply isn’t. Paul notes that analysis after analysis has shown this to be true. The Right Wing uses this myth to downplay Democratic gains or keep Democrats away from the polls in the first place.

Here’s some more of what the Right Wing has been up to.

Minnesota. Last year, a group called Minnesota Majority alleged that 1,250 individuals in Hennepin County had committed voter fraud in the 2008 election. This past Tuesday, prosecutor Mike Freeman announced that only a small fraction – 47 – would be charged. And he added that there was no evidence of a coordinated campaign to commit fraud. It’s important to note that Minnesota Majority has admitted membership – but disputes claims of intimidation – in a coalition that Minnesota Congressman Keith Ellison condemned for hanging in plain view of students “posters showing a person in handcuffs, with the warning that ‘voter fraud is a felony.’”

Nevada. If you were to believe a recent fundraising letter from Cleta Mitchell, Counsel to Friends of Sharron Angle, you’d not only think that Harry Reid was committing voter fraud, but you’d think that he had lawlessly hijacked his entire campaign in order to outright steal the election from Angle. In response, Nevada Secretary of State Ross Miller cautions that such serious allegations must “contain specific information, not conjecture and rumor used in support of a plea for financial contributions, as the foundation of the violation.”

North Carolina. When poll watching is done right, it serves a very important purpose: root out wrongdoing and help well-intentioned voters make their voices heard. When it’s done wrong, it simply adds another layer of intimidation to the process. Wake County has been plagued by complaints from voters that Republican observers are doing just that. Alarmingly, “the offending observers have reportedly stood behind the registration table (where they're not allowed) and taken pictures of the license plates of voters using curbside voting (also illegal).”

The Right Wing has also taken their campaign online.

Fox News. Megyn Kelly recently disputed good faith efforts by the Department of Justice “to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted, without incidence of discrimination, intimidation or fraud.” DOJ isn’t doing its job, so Fox will. They’ve set up their very own email account – voterfraud@foxnews.com – to field complaints.



American Majority Action. Not to be outdone, American Majority Action has released a voter fraud app that enables iPhone, BlackBerry, and Droid users to “defend our democracy and uphold credibility directly from your phone.”

I’ve been writing a lot lately about the It Gets Better Project, the Make It Better Project, and the plight of LGBT youth in America. This week, President Barack Obama and Secretary of State Hillary Rodham Clinton added their voices.

President Obama and Secretary Clinton have made clear that LGBT youth, just like all students, should feel safe and secure when they enter the schoolhouse doors. Now we must make sure that the Administration recognizes the tremendous energy and focus it takes to change the end of this story.

I think Eliza Byard, Executive Director of the Gay, Lesbian and Straight Education Network, put it well.

Sustained federal leadership on these issues is absolutely essential to reassert the fundamental culture of respect that must prevail in our schools. We need the President’s clear endorsement of the vital principles embodied in the Safe Schools Improvement Act and the Student Non-Discrimination Act . . . As the current crisis tragically illustrates, far too many school districts have not taken the actions needed to protect all students. And the tenor of public debate in this country stands in the way of effective local action and finding common ground. At times like these, on the difficult issues that really matter, Presidential leadership is paramount . . . They need his words, delivered now in this message, and they also need his actions.

The time to act is now.

Last week, I wrote about Matthew Shepard and his mother Judy. Today, on the 12th anniversary of Matthew’s death, the Make It Better Project is urging Congress to support the Student Nondiscrimination Act and the Safe Schools Improvement Act. Please join them!

The recent suicides of several LGBT students across the country have highlighted the fact that anti-LGBT bullying and harassment in schools can have a dramatic and tragic effect on LGBT students, their families, and school communities.

The Safe Schools Improvement Act (H.R. 2262/S. 3739) and the Student Nondiscrimination Act (H.R. 4530/S. 3390) will help make the lives of LGBT youth better!

Call Members of Congress on Tuesday, October 12th and ask them to make sure they cosponsor both bills, H.R. 2262/S. 3739 and H.R. 4530/S. 3390!

Students - Share your story with Congress and tell them how these bills will make life better for you.

Adults - Tell Congress why this is important to you and how these bills will improve the lives of students.

Call the Capitol switchboard at (202) 224-3121 and ask to be connected directly to your Members of Congress.

OR CLICK HERE to get talking points and automatically identify your Members of Congress, find their direct numbers.

Please click here for more information.