Providing for Consideration of H.R. Paycheck Fairness Act, and Providing for Consideration of H.R. Workplace Violence Prevention for Health Care and Social Service Workers Act

Floor Speech

Date: April 14, 2021
Location: Washington, DC

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Mr. DeSAULNIER. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Burgess), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

General Leave

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Mr. DeSAULNIER. Madam Speaker, yesterday the Committee on Rules met and reported a rule, House Resolution 303, providing for consideration of H.R. 7, the Paycheck Fairness Act, under a structured rule. It provides 1 hour of debate, equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor. It self-executes a manager's amendment from Chairman Scott and makes in order six amendments to H.R. 7. It also provides for one motion to recommit.

The rule also provides for consideration of H.R. 1195, the Workplace Violence Prevention for Health Care and Social Service Workers Act, under a structured rule. It provides 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor and makes in order six amendments to H.R. 1195. It also provides for one motion to recommit. Finally, the rule provides for an en bloc authority to Chairman Scott or his designee for both bills.

Madam Speaker, before I begin, I just wanted to take a moment--this is the first time I have been on the floor since we lost Congressman Hastings--to say for myself, personally, how much gratitude I have for having known him and been able to serve with him. I regret that I won't see his smiling face, at least in this body, again.

Madam Speaker, the two bills we are talking about today have the potential to drastically improve the working lives of millions of Americans.

In 2019, nearly 1 in 9 women in the United States lived in poverty, with even higher rates for women of color. More than 1 in 3 families, headed by unmarried mothers, lived in poverty. And 60 percent of all poor children lived in families headed by unmarried mothers.

The coronavirus pandemic has only deepened the divides that already existed in this country. Women are especially likely to be on the front lines of the pandemic. At the same time, they are also being paid less than their male counterparts.

Madam Speaker, 93 percent of childcare workers, 66 percent of grocery store cashiers, 70 percent of food servers, and 77 percent of clothing, shoe stores, and retail salespeople are women. Women-- disproportionately Black women and Latinas--make up more than 8 in 10 of those working as home health aides, personal care aides, and nursing assistants. They are also at great risk for contracting COVID-19.

Madam Speaker, 6 months ago, deep into the pandemic, 1 in 6 Latinas and 1 in 5 Black women reported not having enough food in the previous week, and many reported being behind on rent or mortgage payments. Even before the pandemic, women typically lost more than $10,000 every year to the gender wage gap, with even higher losses for women of color.

More than five decades after the passage of the Equal Pay Act of 1963, a woman in America still makes only 82 cents on average for every dollar earned by her male counterpart. Compared to White men, Black women are paid 63 cents. Native Hawaiian and Pacific Islander women are paid 63 cents, American Indian or Alaska Native women are paid 60 cents and Hispanic women are paid 55 cents.

Based on today's wage gap, a woman who works full time year-round stands to lose over $400,000 over a 40-year career because of this disparity. This is not the United States that Frances Perkins, the first woman Secretary, envisioned, and we have an opportunity today to make a real change.

Madam Speaker, I am proud to have joined with my very dear friend, Chairwoman DeLauro, to introduce the Paycheck Fairness Act, which is an important step towards ending gender-based wage discrimination and ensuring that all women receive equal pay for equal work. It is time to make equal pay for equal work more than just a slogan and turn it into a reality.

Madam Speaker, we are also here to talk about the epidemic of violence against healthcare and social service workers. Last year, Department of Labor statistics show that they were nearly five times as likely to suffer a serious workplace violence injury than workers in other industries.

The General Accounting Office found that rates of violence against healthcare workers in hospitals, nursing homes, and residential care facilities is 5 to 12 times higher than the estimated rates for workers overall. Between 2011 and 2016, 58 hospital workers died as a result of workplace violence.

Madam Speaker, for me, this matter strikes close to home. In 2010, Napa State Hospital technician Donna K. Gross was killed outside of Napa State Hospital by a patient under psychiatric care. Donna was a constituent. She entered the profession to honor her mother, who battled mental illness and was a patient at this very same hospital. She was the mother of three grown children and was raising her granddaughter. Her colleagues described her by saying: ``First and foremost, Donna was a human service-type person and loved being with people and working with people.''

Donna's life was cut short when a patient brutally murdered her to steal jewelry and cash. This story is just one of thousands, and incidents are on the rise. Sadly, violence has become so commonplace for healthcare workers that they think it is part of their job, resulting in only 30 percent of violent incidents actually being reported.

Some States have stepped up to enact laws to require employers to establish a plan to protect against workplace violence. Donna's story, for example, inspired action in California that I was proud to be part of. That action in California served as the basis for the bill before us tomorrow.

These workers deserve national action, and they deserve it now. At the Occupational Safety and Health Administration, these workers are not receiving the urgent attention they need.

OSHA takes at least 7 years to put out a standard. But in some instances, it can take more than 20 years. People like Donna Kay Gross cannot wait any longer.

To protect the people who dedicate their lives to caring for us, we need to move now. In truth, we needed to move years ago. The longer we wait, the more people are suffering. The longer we wait, the more people like Donna will die.

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Mr. DeSAULNIER. Madam Speaker, I yield 4 minutes to the gentleman from Massachusetts (Mr. McGovern), the distinguished chair of the Rules Committee and representative of the beautiful city of Worcester, Massachusetts.

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Mr. DeSAULNIER. Madam Speaker, I yield 3 minutes to the gentlewoman from Florida (Ms. Lois Frankel).

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Mr. DeSAULNIER. Madam Speaker, I have no other speakers, so I am prepared to close.

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Mr. DeSAULNIER. Mr. Speaker, on the anniversary of Women's Equal Pay Day, U.S. women's soccer player Megan Rapinoe, in a congressional hearing said: "One cannot simply outperform inequality.''

Wage discrimination isn't limited to any one sector or income level, and Congress must act to stop it.

Mr. Speaker, the importance of this issue is really about the proper enforcement of a bill that was first enacted in 1963. We generally agree on the importance of that legislation.

Where we disagree is enforcement. And we have had years to see what the proper disincentives are and incentives for proper behavior when it comes to protecting women in the workforce, and on the second bill-- predominantly women--but people who work in vulnerable positions where they are subject to greater violence.

On pay equity, we look at States like California where I am from, and we can see that our laws, our aggressive laws have worked, at least to help with the pay equity situation. Who can deny, in our lifetimes, the benefit to the U.S. economy, to all of us, for having women in the workforce? We should be able to compensate that benefit that we have all gotten.

As a survivor of cancer, I have been taken by how many young women went into the medical profession, and they helped to develop the medicine that has saved my life, a disease that, 15 years ago, at stage IV, when I was diagnosed, there was little that could be done to extend people's lives. That research came from brilliant people, many of them women. Why would I want to inhibit or disincentivize any young person, any woman, any young woman from going into that field?

I know that my friend from Texas knows this, we want the best and the brightest to help with our medical challenges, irrespective of what their background is or what their sex is.

Mr. Speaker, every day we wait to pass these bills, healthcare workers are being harmed and families are going deeper and deeper into poverty. Our inequality issues get worse, not better. We should not waste another moment.

Mr. Speaker, I urge a "yes'' vote on the rule and the previous question.

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