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The House of Representatives recently passed a bill called the Paycheck Fairness Act, which is being sold to the public on false pretenses. Its supporters claim they are just attempting to restore force to antidiscrimination laws supposedly undermined by ”conservative” Supreme Court decisions. But pay discrimination is already against the law. More importantly, the bill’s provisions mandate things that no Supreme Court justice, liberal or conservative, has ever held is appropriate under federal civil-rights laws, like allowing recovery of massive emotional-distress and punitive damages for unintentional “disparate impact” discrimination (which have never been available under federal law, which limits relief in such cases to backpay and equitable remedies). The Washington Examiner analyzes the bill, and concludes that it is a “bounteous windfall” for “trial lawyers.”The Paycheck Fairness Act also rigs the criteria for determining whether pay is discriminatory, by ignoring factors that might provide an innocent explanation for why a male employee is paid more than a female one — like the dangerous and unpleasant nature of the job (most jobs with high-mortality or injury rates, like being a lumberjack, fisherman, cab driver, or coal miner, are overwhelmingly male, while low-risk clerical jobs are performed predominantly by women). As former Chief Labor Department economist Diana Furchtgott-Roth explains, “the bill’s language omits experience, risk, inflexibility of work schedule, or physical strength, factors that increase men’s wages relative to women’s. The bill does not include effort, so there is little leeway to promote those who work harder.” (continue reading)

The National Committee on Pay Equity supports two bills in Congress aimed at curbing wage discrimination. The bills work on different aspects of wage discrimination, and both are needed to fully close the wage gap.

The Fair Pay Act was introduced by Senator Tom Harkin (D-IA) on April 11, 2007. Delegate Eleanor Holmes Norton (D-DC) will introduce the bill in the House. It seeks to end wage discrimination against those who work in female-dominated or minority-dominated jobs by establishing equal pay for equivalent work. For example, within individual companies, employers could not pay jobs that are held predominately by women less than jobs held predominately by men if those jobs are equivalent in value to the employer. The bill also protects workers on the basis of race or national origin. The Fair Pay Act makes exceptions for different wage rates based on seniority, merit, or quantity or quality of work. It also contains a small business exemption.

The Paycheck Fairness Act (H.R. 1338 and S.766) was introduced March 6, 2007 by Sen. Hillary Clinton and Rep. Rosa DeLauro to strengthen the Equal Pay Act of 1963. The bill expands damages under the Equal Pay Act and amends its very broad fourth affirmative defense. In addition, the Paycheck Fairness Act calls for a study of data collected by the EEOC and proposes voluntary guidelines to show employers how to evaluate jobs with the goal of eliminating unfair disparities.

Paycheck Fairness Act Fact Sheet (pdf)

Turning back objections from big business and yet another veto threat from the anti-worker GOP Bush regime, the House July 31 passed the Paycheck Fairness Act, a bill designed to put some teeth into federal equal employment laws. The 247-178 vote saw 14 Republicans join all 233 Democrats in voting yes. All the no votes came from the GOP.