Bank on Students Emergency Loan Refinancing Act -- Motion to Proceed

Floor Speech

BREAK IN TRANSCRIPT

Ms. AYOTTE. Madam President, I know that in just offering the amendment I sought to offer on the Senate floor I have received an objection. Let me briefly describe what I am trying to offer. The objection that I just received from the other side of the aisle is a demonstration of what is wrong in the Senate right now.

What is happening in the Senate right now is the majority leader keeps bringing legislation to the floor, and people are not allowed to offer amendments that directly pertain to the legislation.

In fact, right now pending on the Senate floor is the so-called Paycheck Fairness Act. I have an amendment I want to offer on the Senate floor to that act that deals with addressing pay discrimination, but I am not going to be allowed to offer that amendment.

I guess the first question we have to ask is: Why is that? Why is it that when we have such an important issue, which I acknowledge is an important issue--that people in this country be treated fairly, that we be paid solely based on our experience and qualifications, that we eliminate discrimination in the workplace; something I would hope we could work together on and about which we could have a real debate on this Senate floor--if someone comes to the floor and offers an amendment, what we get is an objection, because, really, what we are doing right now on the floor--let's be clear about it--is a political charade. It is trying to score political points on an issue that is very important that we shouldn't be sitting here trying to score political points on.

Why can't both sides of the aisle offer their amendments on ideas on how to eliminate discrimination in the workplace? It seems to me that if they are serious about the issue, the majority leader would allow individuals like me and other Senators on both sides of the aisle to come to the floor and offer their amendments. But we have just seen that when I have done that, I got an objection instead of allowing my amendment to be debated fully on this floor.

All Americans should be treated fairly and paid solely based on their experience and qualifications, and discrimination has no place in the American workforce.

There are important laws we have passed on a bipartisan basis in the Congress. Laws like the Equal Pay Act and title VII of the Civil Rights Act are there to combat workplace discrimination. Title VII of the Civil Rights Act of 1964 became the first Federal law designed to protect U.S. workers from employment discrimination based upon a person's sex.

The Equal Pay Act of 1963 requires employers to pay female employees the same wages that they pay male employees for equal work--very important laws.

Both title VII and the Equal Pay Act provide a way for those who are discriminated against to file complaints against their employers and pursue financial remedies if they are discriminated against in the workplace. Our focus, of course, always needs to be on enforcing those important laws that were passed by the Congress to ensure that both men and women in the workplace will be judged based on their performance and not based on their gender.

Unfortunately, despite these laws there are instances where pay discrimination still exists. With 60 percent of women serving as the primary earners in their households, this disparity must be addressed, and this is an important issue. But the so-called Paycheck Fairness Act that is pending on the floor, in my view, is not the answer. Instead of ensuring that women are treated fairly, the Paycheck Fairness Act would limit the ability of women in some instances to have flexible work schedules if that is what they need, and it would make it easier--much easier--to file frivolous lawsuits that, frankly, are a boon to trial lawyers. One concern I have about the bill pending on the floor--and I think it is a legitimate concern--is that it could have an impact on reducing the ability of employers to award merit pay.

I had the privilege of serving as the first woman attorney general in New Hampshire, and before that I worked in private practice in a law firm. In my position and in the work I have done throughout my life, I have had the opportunity to meet incredible women in all fields in New Hampshire and throughout this country, whether it is leaders in the health sector, in the business sector--women working very hard every day in this country. There are many instances, I have to tell you, where women, based on merit, have outperformed their male colleagues. So what we don't want to do is create a law and pass a law that actually reduces the opportunities for employers in the workplace to reward merit, because women--like men--want the opportunity to earn more than their male counterparts when we do a better job.

We had this debate last April on the Senate floor, and when we had this debate on the Senate floor we experienced what we are experiencing right now. Paycheck fairness was brought to the floor and, in fact, I worked on an amendment with some of my colleagues--Senator Fischer, Senator Collins, and Senator Murkowski. We offered an amendment that we thought would help address the discrimination that can occur in the workplace and to address retaliation when employees discuss the salaries they make so that they can become informed in the workplace. But when we offered that amendment in April, we were denied a vote on it. We were in the same situation we are now.

So it is like ``Groundhog Day.'' The Senate rejected the bill pending in April, and we were denied all amendments and the ability to really debate and amend it and have a real discussion about this important issue. Here we are again leading into the November elections, and again the bill is on the floor, and again Senators like me who have offered an amendment that I hoped we could discuss and consider are going to be denied the ability to do so.

When I came to this floor in April, when this bill was pending on the Senate floor before, I said then and I firmly believe it now: If the majority leader believes this is an important issue, then we should have a real debate and an open amendment process and not engage in a political charade. I think the American people deserve better.

In New Hampshire, Republicans and Democrats actually got together and they were able to pass a bipartisan pay equity law which was signed into law in July. It is a commonsense measure that helps address wage disparities between men and women, and that law was the basis for the proposed amendment which I have just tried to offer on the Senate floor so that the Senate could consider some of the very good ideas that were worked through on a bipartisan basis in my State as a way to address discrimination in the workforce.

This amendment that I have filed--but that I am not being permitted to offer--is modeled on New Hampshire's law and, again, it was bipartisan. In fact, the amendment that I have offered is called the Ensuring Fairness in Pay Act. It would make clear that employers have to pay men and women equal wages for equal work. It ensures equal pay for workers performing equal work under similar conditions regardless of sex. In fact, it also prohibits retaliation against employees who discuss their pay information and prohibits employers from requiring employees to sign a contract or a waiver that prohibits the employees from disclosing their pay. This would allow employees to know what their situation is so they can ensure that they are being treated fairly.

What was passed in New Hampshire--my amendment here--also contains teeth. In fact, similar to New Hampshire's law, my amendment would impose a $2,500 penalty for any violation of this law and for pay discrimination. So putting teeth in it is important as well. We did that at the State level, and I thought we should consider doing this at the Federal level if my amendment could be considered by this body.

It also requires employers to post a notice that sets forth excerpts or summaries of the pertinent provisions of what is the law--title VII of the Civil Rights Act of 1964--and information pertinent to how you file a complaint if you feel you are subject to discrimination in the workforce.

Finally, my amendment encourages States to provide pay disparity statistics including historical analysis and any information that would help the public understand and address this issue.

I urge the majority leader to put politics aside so that we can work together on a bipartisan solution, just as New Hampshire was able to do. In my home State of New Hampshire, when there is an amendment offered, you actually will get a vote on it. I think we are doing a real disservice to the American people, regardless of what the issue is, that Senators on both sides of the aisle when they are offering an amendment aren't permitted to have a vote on it on the Senate floor.

I yield the floor.

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