Senate To Debate Paycheck Fairness

Published On: Oct 29 2010 01:27:27 AM CDT   Updated On: Nov 02 2010 04:20:12 AM CDT

The U.S. Senate is poised to debate a matter that affects the bottom line of many American families: how much money working women are paid.

It's been 47 years since the Equal Pay Act was enacted, but still, on average, women aren't paid as much as men for similar work. But a proposed law aims to change that.

At Milwaukee's St. Joan Antida High School, girls are told aim high, and the students are listening.

"They are telling us here we can be whatever we want to be," said Monica Harris, a senior at the school.

Her classmates are listening, with some saying they'd like to study science, law and business.

While they may be whatever they like, odds are good they won't be paid as much as men. Recent statistics show on average, women who work full time year-round are paid 77 cents for every dollar a man makes. Analysts say without stronger equal pay measures, that ratio won't be one-to-one until the year 2058, the year current high-schoolers would start to retire.

How can this be -- 47 years after the Equal Pay Act became law?

Paul Secunda, an associate professor of employment and labor law at Marquette University, said the current law has too much wiggle room.

"One of the things employers will say is, 'We're not discriminating against women,'" said Secunda. "'We're following a legitimate business agenda and that agenda happens to pay women differently.'"

Wendy Terwelp knows all about being paid differently. As a self-employed career coach, she hears about it from her clients, but she also knows about it first-hand.

"Way back when, when I worked at my former employer, they did bring a person in and paid him more than me and I was his boss!" Terwelp said.

She complained and had that fixed. And today, she supports a legislative fix.

"I think it's important," Terwelp said. "I think people should be paid on what their merit is; what they bring to the table."

The Paycheck Fairness Act is one proposed remedy. It would require that employers defend any gender-pay disparities by showing that the pay differences exist for legitimate, job-related reasons.

"Is this really something that really goes to someone's extra experience or extra effort or extra responsibility?" Secunda said. "Or is this kind of a backhand way to pay a woman less or a man more for substantially similar jobs?"

In addition, the law would prohibit employers from retaliating against workers who reveal what their salary is. It's a provision Ellen Bravo supports. Bravo is a feminist who teaches at the University of Wisconsin-Milwaukee about women in the workplace.

"It outlaws a problem that allows this to fester, which is telling people they can't talk about salary," Bravo said.

The law also allows for increased monetary damages against violators.

But that's just the kind of regulation some business interests don't want to see in this economy.

"It's a simple fact that it's tough for a business to get back on its feet when government is on its back," said Steve Baas of the Metropolitan Milwaukee Association of Commerce.

"You really wonder what politicians are thinking when at a time when our economy is struggling to create jobs, they're talking about a proposal like this which would dramatically increase the cost of creating jobs for business," Baas said.

But Ellen Bravo doesn't buy that argument.

"It's kind of a knee-jerk reaction on the part of lobbyists," Bravo said. "'Don't tell us what to do.' Well, that's what got us the BP oil spill; that's what got us the Wall Stree debacle. Sometimes we have to tell them what to do."

But Steve Baas says this bill is more about expanding liability and employing trial lawyers than it is about paycheck fairness. He said the remedies already available to working women under current laws are enough.

Back at St. Joan's, the students say they're not sure if more legislation is the answer. They said they do know it seems like a lesson they've learned before in history class.

"It seems like forever we've been trying to prove ourselves," said senior Beanca Buie. "It's a shame they don't take us seriously."

The Paycheck Fairness Act has passed the U.S. House but has been languishing in the U.S. Senate. It is on the calendar for after the election break, to be debated starting Nov. 17.

President Barack Obama has said he wants this bill to pass. And despite a Democratic majority in the Senate, Paul Secunda said it hasn't made it to a vote this whole time because of the threat of a filibuster to block it. Backers need the help of Republicans to prevail.


blog comments powered by Disqus