Providing for Consideration of H.R. 1338, Paycheck Fairness Act

PROVIDING FOR CONSIDERATION OF H.R. 1338, PAYCHECK FAIRNESS ACT -- (House of Representatives - July 31, 2008)

Ms. DeLAURO. Mr. Speaker, I rise in strong support of this rule. I commend Speaker Pelosi, the majority leader, Chairman Miller, and as well Chairman Slaughter and the entire Rules Committee, for bringing this important legislation to the floor.

With this resolution, we take up an effort that began more than 150 years ago when visionary women came together to stand up for women's rights, to better the status of women in our society. In this tradition, more than 11 years ago I first introduced the legislation that we consider this morning, the Paycheck Fairness Act, and I cannot help but think of all the Aprils we have commemorated Equal Pay Day without legislative movement. But, today, the legislative inertia we have experienced for years comes to an end. I could not be more proud.

We have made some important strides during the last quarter century. Women now make up a majority of the workforce, own 6 million small businesses and are more likely to hold an advanced degree than men. But for all of our successes, women continue to be stymied when it comes to equal pay.

The wage gap is real. Over the course of her lifetime, a female high school graduate will make $700,000 less than the young man she graduates with. Compared to a man, a female college graduate stands to lose up to $2 million in the course of her career. This is true across the board. As the National Committee on Pay Equity tells us, the wage gap today finds that women earn about 77 cents for every dollar men earn.

By now, we are all familiar with the case of Lilly Ledbetter, the woman whose pay discrimination case against Goodyear Tire and Rubber Company went all the way to the Supreme Court. In her testimony before the Education and Labor Committee, she said, ``Goodyear acknowledged that it was paying me a lot less than the men doing the same work, so I was actually earning 20 percent less than the lowest paid male supervisor in the same position. What happened to me is not only an insult to my dignity, but it had real consequences for my ability to care for my family. Every paycheck I received, I got less than what I was entitled under the law.''

Clearly, the marketplace alone and even our court system will not correct this injustice. We need a legislative solution. The Paycheck Fairness Act would make modest, commonsense reforms to the Equal Pay Act by closing numerous loopholes in the 45-year-old law that has enabled some employers to evade liability.

It would clarify the ``any factor other than sex'' defense so that an employer trying to justify paying a man more than a woman for the same job must show that the disparity is not sex-based; that it is job related and necessary for the businesses. It would prohibit employers from retaliating against employees who discuss or disclose salary information with their coworkers.

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Ms. DeLAURO. Of course, employees such as human resources personnel who have access to payroll information would not be protected if they disclosed workers' salaries of other workers. And it would strengthen the remedies available to include punitive and compensatory damages.

Pay equity is not just another benefit to be bargained for or bargained away. It is part of something bigger, part of a promise in which we all have a role, giving women the power to gain economic security for themselves and for their families. I urge a yes vote on this resolution.

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