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Economy

How States Are Leading The Way On Equal Pay For Women

Legislation at the federal level designed to improve women’s economic opportunities appears stalled, including, most recently, the Paycheck Fairness Act and the Pregnant Workers Fairness Act. But some states are taking matters into their own hands and working on similar laws in their legislatures. They could serve as models for what needs to be done at the federal level.

On Tuesday, Vermont Gov. Peter Shumlin (D) signed an equal pay bill into law. The new law will require employers to prove they have legitimate business reasons for paying workers unequal wages, protect workers who discuss pay with each other, provide protections for employees who request flexible work arrangements, give mothers who need to express breast milk at work protection, and improve the process that ensures state government contracts pay equal wages. It also establishes a study committee to look at instituting a paid family leave law.

New York may soon follow in Vermont’s footsteps. In his 2013 State of the State address, Gov. Andrew Cuomo (D) announced a Women’s Equality Agenda that is currently winding its way through the state legislature, and many of the provisions relate to women’s economic opportunities.

One would amend state law to make it explicit that pregnant workers are entitled to reasonable accommodations related to pregnancy and childbirth unless they would create a hardship for the employer. Women are often pushed out of their jobs or fired when they request accommodations like a stool, the ability to drink water on the job, or be given light lifting duties. On a recent conference call about the proposal, Dina Bakst, co-founder and co-president of A Better Balance, recounted the stories of New York women who experienced these responses, including a worker who was pushed out of her job at 17 weeks pregnant because her employer refused to modify a lifting requirement. She ended up in a homeless shelter thanks to the loss of income.

Another provision would prohibit employers from retaliating against employees who share wage information with each other and redefine what exceptions employers can cite for pay differentials so that they can only relate to job performance or business necessity. Yet another would amend New York State’s human rights law to provide explicit protections for workers who have children.

New York goes even further, though, by taking an intersectional approach to women’s equality. While statehouses across the country continue to consider a record number of bills that seek to limit women’s reproductive access, New York’s bill is the only current one that would expand it. The state’s existing laws regulate abortion in the criminal code and only allows for abortion care later in a pregnancy when a women’s life is at risk, not when her health is at risk. If the national precedent of Roe v. Wade were to be struck down, abortion care could be hampered, so the agenda seeks fixes to clarify women’s rights.

While it may seem unrelated to women’s economic opportunities, access to abortion care plays a big financial role in women’s lives. Women who aren’t able to get an abortion when they seek to terminate a pregnancy are three times more likely to fall below the poverty line within two years. Controlling fertility allows women to hold jobs and invest in their education.

New York and Vermont are following other state-level successes for equal pay laws. Texas passed its own Lilly Ledbetter Fair Pay Act to reform the constitution to allow workers more time to file a charge of discriminatory pay. New Mexico passed the Fair Pay For Women Act this year, which also eases the ability to bring cases alleging pay discrimination.

These bills are popular with both the general public as well as the business community. In New York, 84 percent want to enact equal pay legislation and 80 percent want to update the state’s abortion laws. The state’s chamber of commerce has also come out in support. Federal lawmakers may want to take note of the success of these efforts at the state level.

Justice

GOP Senator: I Voted Against Equal Pay For Women Because We Have Enough Laws


WARREN, NH — Women in full-time year-round jobs earned 77 cents for every dollar earned by a man. Yet, at a town hall earlier this week, Sen. Kelly Ayotte (R-NH) claimed that Congress has done enough to ensure that women receive equal pay for equal work. Indeed, she justified her vote against legislation intended to prevent employers from dodging federal equal pay law with an excuse similar to the National Rifle Association’s explanation for why we do not need any more gun laws — we just need to enforce the ones we have:

QUESTION: My grandmother, who was an extremely intelligent woman, trained many, many men who then became her boss, and so on and so forth. [She] never received a pension, never, um, was really paid what she was worth. And I was disappointed that you voted against the Equal Pay Act, but maybe there was something in the bill that you thought would be detrimental to the economy or whatever. But I was curious if you could explain your philosophy about equal pay and how, maybe, you could suggest something that we could all agree upon so that women would stop making 75 cents for every dollar a man makes . . . .

AYOTTE: We have existing laws — Title VII, um, Lilly Ledbetter, all those existing protections in place — that, I believe, enforce and provide that people doing equal jobs are, certainly in this country, should receive equal pay. So, uh, that bill, in my view, didn’t add — in fact I think it created a lot of additional burdens that would have been hard, um, to make it more difficult for job creators to create jobs. . . . The reason that I voted against that specific bill is that, I looked at it, and there were already existing laws that need to be enforced and can be enforced and I didn’t feel like adding that layer was going to help us better get at the equal pay issue.

Watch it:

 

 

It should go without saying that, if similarly situated women are not making the same amount as their male colleagues, then we aren’t doing enough to close this pay gap. So Ayotte’s suggestion that our current laws are sufficient cannot be squared with the reality facing women in the workplace. The backbone of modern workplace discrimination law was formed by the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, and it is indeed true that the pay gap narrowed significantly in the quarter-century after these workplace protections became law. According to data from the Institute for Women’s Policy Research, however, progress on the pay gap stalled in the 1990s, and has been only slightly more than flat ever since:

The Lilly Ledbetter Fair Pay Act, which Ayotte refers to in her remarks, overruled an erroneous Supreme Court decision that reduced existing protections for women. It did not expand workers’ rights beyond what they already enjoyed prior to the Supreme Court’s decision to roll back civil rights law.

The bill that Ayotte opposed was the Paycheck Fairness Act, which would hardly “make it more difficult for job creators to create jobs,” as Ayotte suggests. Currently, employers can escape liability under the Equal Pay Act even if they engaged in completely irrational discrimination that impacts a female worker. The Paycheck Fairness Act would change this to ensure that employer’s pay decisions are rooted in legitimate business reasons to pay one employee more than another — reasons like “education, training, or experience” — and not something completely arbitrary. It also provides a few additional protections to women, such as forbidding employers from retaliating against employees who try to discover how their pay compares to that of their colleagues.

So when Ayotte voted against this bill, she stood up for employer’s rights to make completely irrational judgments about how much a female worker should be paid, and their right to retaliate against employees who are trying to figure out if they are being treated fairly.

Economy

Why Nancy Pelosi Is Calling On Her Colleagues To Force A Fair Pay Vote

For years, Republicans have delayed a vote on the Paycheck Fairness Act, legislation that would strengthen penalties against employers who discriminate against women in pay and give women greater opportunity to find out whether they have been discriminated against. But on Thursday, House Democrats announced they were creating a “petition to discharge,” which, if it gets enough signatures, would force the bill out of committee and to a vote. On Thursday night, Minority Speaker Nancy Pelosi (D-CA) voiced her support for the move:

If Congress is serious in its efforts to strengthen the middle class, support our workforce, and secure equal rights for every American, we must allow a vote on the Paycheck Fairness Act [...]

Equal pay for equal work’ is not just a slogan; it is the foundation for the health, growth, and prosperity of our families and our economy. When a woman is paid fairly, our whole nation prospers. Let’s work together to pass the Paycheck Fairness Act now.

So far, only Democrats have signed the discharge petition — and it needs a total of 218 signatures, which means 17 Republicans must join in. Republicans blocked another procedural move to give the Act a vote Thursday. During a push by the Senate last year, the bill almost cleared the filibuster hurdle, but fell short.

With growing conversation around equal pay and women’s rights, it’s possible that the bill could gain support. Even Oprah Winfrey, the richest self-made woman in the United States, explained during a recent PBS interview that she was paid less than half of what her male coworker made in her first job:

On average in the United States, women earn 77 cents on a man’s dollar. Those lost wages aren’t just discriminatory; they hurt families and the economy alike. The average lost wages in a woman’s lifetime could feed a family of four for 37 years, and closing the wage gap would amount to huge economic stimulus.

Health

Three Important Ways That Equal Pay Is Connected To Reproductive Health

Today is Equal Pay Day — the day that reflects the number of days women must work into the current year to earn the same salary that their male counterparts earned the previous year. Women earn 77 cents for each dollar earned by men. African American and Hispanic women earn 69 cents and 52.9 cents respectively for every dollar white men earn. This gap has remained in part because women also make up the highest number of employees in low wage jobs. These lower wage jobs rarely offer long term employment stability, health insurance, or retirement savings benefits.

The result: fewer choices for women on all fronts, including reproductive health. Conversely, better access to reproductive health care helps to reduce the wage gap. Consider these facts:

1. The gender pay gap has narrowed in part due to reproductive health access. While women’s wages lag behind men’s, there is evidence that the long-term narrowing of the wage gap is in part due to women’s ability to control their fertility and time their pregnancies. The introduction of the birth control pill and the legalization of safe abortion allowed women to enter the formal work economy en masse in the 60’s and 70’s. A 2012 study credits birth control for approximately a third of the wage gains made by women since the ‘60s. Within just one generation, most women were able to control their reproductive destinies, delaying pregnancy and marriage to further invest in their educational goals and career development, which in turn lowered the wage gap.

2. The gender pay gap limits a woman’s ability to determine if and when she will have children and the spacing of those children. Higher wages increase a woman’s ability access to quality, affordable health insurance and comprehensive reproductive health services, including abortion care and contraception. But when women are paid less and work in jobs that do not offer health benefits, they may not be able to afford the reproductive health care that would help them plan their pregnancies. Women of reproductive age expend 68 percent more on health care than their male counterparts, and more than half of women surveyed in one study went without care because of cost. The pay gap deprives women of money they could use to spend on their health care.

3. The gender pay gap is linked to poor reproductive health outcomes. Socioeconomic status is closely linked to reproductive health outcomes. We see higher concentrations of unintended pregnancy, abortion, sexually transmitted infections including HIV, and cervical cancer rates among poor women. Their low income, along with restrictive policies on reproductive health services, institutional barriers such as racism and sexism, lack of health insurance, and other impediments to care, are just a few of the contributing factors to these reproductive health outcomes. Achieving pay equity is one part of the equation to lifting women out of poverty and into the middle class, where they would have greater opportunities to address their reproductive health care needs.

Our guest blogger is Heidi Williamson, a Senior Policy Analyst for the Women’s Health and Rights program at the Center for American Progress.

Economy

The 10 Jobs With The Biggest Gender Wage Gap

Today is Equal Pay Day, the day of the year when the typical female worker finally catches up to the wages the average male worker made last year. Women make 77 cents for every dollar earned by men, and though that gap has shrunk since President John F. Kennedy signed the Equal Pay Act in 1963, progress has stalled in recent years even among efforts to keep closing it.

Women across industries are paid less than men who do the same work, but in some industries, the gap is particularly large. As the chart from Sarah Jane Glynn at the Center for American Progress shows, women in financial industries, marketing, and education administration face pay gaps even larger than the national average. These are the 10 jobs with the biggest gender wage gaps:

As Glynn notes, women earn more than men in just seven of the 534 occupations listed by the Bureau of Labor Statistics, and those seven jobs account for just three percent of the female workforce. The gender wage gap costs the average woman more than $430,000 over her working career, enough money to feed a family of four for 37 years.

The persistence of the pay gap — at its current rate of closure, it won’t close fully for 45 years — has sparked calls for the Paycheck Fairness Act, which would strengthen anti-discrimination laws and levy heavy fines on employers who don’t pay women equal wages. The Act received a vote in the Senate last year but was filibustered by Republicans.

Climate Progress

Rosie The Riveter On A Wind Turbine: Women And The Growing Green Economy

By Mari Hernandez and Rebecca Lefton

In March, the Bureau of Labor Services released its green jobs report, which reported a total of 3.4 million jobs associated with the production of green goods and services in 2011 – up from 3.1 million green jobs in 2010. Growing at a rate four times faster than all other jobs, the green sector offers new opportunities for good-paying jobs across the U.S. and raises the question: Are women benefitting from the transition to a green economy as much as men?

A new study suggests not, finding that women hold just three out of ten green jobs in the U.S. and are making less than men in the green sector. In the report “Quality Employment for Women in the Green Economy,” the Institute for Women’s Policy Research (IWPR) provides estimates of the number of green jobs held by women within each state, industry and occupation using data gathered from surveys (BLS Green Goods and Services Survey and U.S. Census Bureau’s American Community Survey 2008-2010), state reports and a 2011 report on green jobs (Brookings study). Several of the key findings from the report include:

  • Women are underrepresented in the green economy, holding just 29.5 percent of green jobs compared to 48 percent of the total U.S. workforce
  • Women’s estimated median earnings are higher in the green economy than in the overall economy ($38,486 compared to $35,574)
  • The gender wage gap is lower in the green economy than in the overall economy (18 percent compared to 22 percent, for 2008-2010)
  • The distribution of jobs in the green economy is more concentrated in industries that typically employ more men than women, including manufacturing, construction, transportation, warehousing and utilities
  • Women’s share of green jobs is expected to stay low since the occupations that are projected to see the most growth are traditionally held by men (heating and air conditioning technicians, carpenters and electricians)

With this first-of-its-kind analysis of the gender distribution of green jobs, the IWPR has uncovered both good and bad news. The good news: the green economy offers higher-paying jobs for women and a lower wage gap. The bad news is that this report also exposed the glaring underrepresentation of women in the green economy and a bleak outlook for women in the sector going forward.

Read more

Politics

The Six Executive Orders Obama May Issue To Circumvent The Do-Nothing Congress

The 112th Congress was one of the least productive and most obstructionist in history — as Ezra Klein notes, it passed 100 fewer laws than the previously-least productive Congress on record and “achieved nothing of note on housing, energy, stimulus, immigration, guns, tax reform, infrastructure, climate change or, really, anything.” The unprecedented use of the filibuster (roughly 400 times, a number unheard of in American history previously) ensured that any action in the Senate would be go nowhere, to say nothing of the GOP-controlled house.

As a consequence, President Obama has been forced to make do with valuable, but ultimately incomplete, executive actions on huge issues like climate change. It looks like the second term will be similar: the Washington Post reported on Sunday that President Obama was planning to use executive power to make what changes he could on a series of domestic policy fronts. Below are six executive actions Obama may be considering:

1. Cybersecurity: President Obama appears likely to “establish a voluntary program where companies operating critical infrastructure would elect to meet cybersecurity best practices and standards crafted, in part, by the government.” These voluntary minimum security standards are supposed to ward against an escalating pattern of cyber intrusions on “critical infrastructure.” It’s hard to say exactly what the standards in this order would be with any precision.

2. Housing: Housing is perhaps both the most significant and most ignored problem facing the United States today — 11 million Americans currently are “underwater,” meaning they owe more in mortgage than their house is worth. The executive order under consideration would extend super-low refinancing rates to people who have private mortgages, a helpful move that’s nonetheless insufficient without Congressional action.

3. Climate Change: The Post reports that the President is thinking of expanding two first term climate change executive actions; emission standards for power plants imposed under the Clean Air Act and the Better Buildings Initiative. The former standards currently only applies to new power plants; after these are finalized, the President is “considering moving beyond that effort toward regulating carbon emissions from existing power plants.” The latter is an initiative to improve buildings’ energy efficiency. These two moves, however, only scratch the surface of potential executive actions on climate change.

4. Equality for federal LGBT workers: Congress has been recalcitrant about passing the Employee Non-Discrimination Act (ENDA), which extends full non-discrimination protection to all Americans on the ground of sexual orientation and gender identity. Until recently, President Obama had used the legislative effort as a shield against issuing an executive order that would extend said protections to federal contractors. It now seems likely that an order protecting contractors is forthcoming.

5. Fair payment for home care workers: Roughly two million Americans work in the in-home medical care sector but, due to a legal exemption, can be paid under the minimum wage and generally don’t receive standard overtime wages. These workers are almost all women, and large percentages are poor and/or racial minorities. While the White House initially announced plans to end the minimum wage and overtime exemptions in 2011, it has yet to finalize them — but may well soon.

A Quinnipiac poll released on Monday found that President Obama was more trusted than Congressional Republicans by the general public on every issue surveyed, ranging from the economy to immigration to foreign policy. Another Quinnipiac poll earlier in February found that only 19 percent of Americans approve of Congressional Republicans’ performance.

Justice

Study: Law Firm Partners Are Overwhelmingly White Men

A study by NALP, a legal employment group previously known as the National Association for Law Placement, finds that the overwhelming majority of partners in law firms are white men. Moreover, an even larger disparity exists among equity partners — lawyers who own a stake in their firm’s profits and who tend to be the most well-compensated attorneys within that firm — where a massive 85 percent are male and over 95 percent are white:

Overall, based on those offices that provided information, 64% of male partners were equity partners as of February 2012, while somewhat less than half (46-47%) of both women partners and minority partners were equity partners, a differential of 17-18 percentage points. . . .

More dramatically perhaps, among equity partners, about 85% were men, 15% were women, and just under 5% were racial/ethnic minorities. (The minority figures include both men and women, so the three figures add to more than 100%.) Among non-equity partners, the respective figures were 73% men, 27% women, and 8% racial/ethnic minorities. . . .

Finally, among all partners, the equity/non-equity split is about 61%/39%. Just over half of partners were male equity partners; just over 9% were women equity partners; and almost 3% were minority equity partners (Again, minorities are also included in the counts by gender.)

Law firm partners, of course, are not just the most well-compensated members of their firms, they are also the ones with the most authority over the firm’s activities and the most control over the arguments the firm will present to judges in legal briefs. As judges rely on briefing in order to familiarize themselves with the best arguments for each position in a case, the fact that senior law firm attorneys are overwhelmingly white men means that judges are overwhelmingly more likely to be confronted with legal arguments presented from a white man’s perspective.

Economy

Why Lilly Ledbetter Wasn’t Enough: The Facts About The Persistent Pay Gap

Four years ago today, President Obama signed his first bill into law: the Lilly Ledbetter Fair Pay Act, meant to address the pay gap between men and women. Ledbetter famously worked years without knowing that she was being paid less than her male co-workers for doing similar work. The Supreme Court threw out a case against her employer, saying that she had waited too long to challenge the pay disparity. The Ledbetter law is meant to ensure that women have ways to take action against pay discrimination.

But even with the passage of Ledbetter, the pay gap remains a stubbornly persistent problem. Here are some facts and figures to know:

– Women make just 77 cents for every $1 made by men. Over a woman’s career, that disparity leads to more than $430,000 in lost wages for an individual woman.

– The amount a woman loses to the pay gap could feed a family of four for 37 years. A woman could also use that money to buy seven degrees at a four-year public university or 14 new cars.

– The pay gap starts early. One year out of college, women make 82 cents for every dollar earned by their male peers for doing similar work.

– The wage gap grows over a woman’s career. For working women in their 20s, “the annual wage gap is $1,702. In the last five years before retirement, however, the annual wage gap jumps to $14,352.”

– A woman’s pay, on average, stops growing when she turns 39. For men, wage growth doesn’t stop until age 48.

The pay gap plagues higher-paying jobs. Despite women earning more advanced degrees, the pay gap hasn’t closed for specialized professions. Female doctors earn $350,000 less than men over their careers. Female CEOs earn 69 cents for every dollar earned by their male counterparts, and female lawyers make tens of thousands of dollars less than their male peers.

President Obama mentioned the pay gap in his inauguration speech, saying, “Our journey is not complete until our wives, our mothers, and daughters can earn a living equal to their efforts.” Last week, Rep. Rose DeLauro (D-CT) and Sen. Barbara Mikulski (D-MD) reintroduced the Paycheck Fairness Act, which would close loopholes in the 1960s-era Equal Pay Act.

Economy

Beyonce Calls Out The Gender Pay Gap: ‘Equality Is A Myth’

In a recent interview with GQ, pop icon Beyoncé Knowles struck a serious note when talking about sexism, specifically on the issue of the gender pay gap — the fact that women are paid, on average, 77 cents to a man’s dollar.

“Equality is a myth,” Knowles said, launching into an explanation of the impact that a lack of equal pay on the entertainment industry:

“You know, equality is a myth, and for some reason, everyone accepts the fact that women don’t make as much money as men do. I don’t understand that. Why do we have to take a backseat?” she says.

“I truly believe that women should be financially independent from their men. And let’s face it: Money gives men the power to run the show. It gives men the power to define value. They define what’s sexy. And men define what’s feminine. It’s ridiculous.”

Knowles is right to call out the entertainment industry. There’s a lack of accurate information on how women are faring in the industry, but, sadly, it is known that women in Hollywood earn less than men overall, and the pay gap increases as women age.

For young women overall, the gender pay gap starts immediately out of college and accrues over their lifetime. While the gap was closing for a period of time, it has stagnated at 77 cents on the dollar for years.

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