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Blog: Workforce Washington
 

July 25th, 2008

Democrats Believe Pay Equity Will Pay Off in Election

This is the worst time of year in Washington. The heat and humidity are daily reminders of the misguided political machinations that resulted in the nation’s capital being built on what was once a swamp.

Every other year (i.e., every election year), the stultifying weather outdoors resembles the political atmosphere indoors. A lot of perspiration is produced as the remaining legislative days dwindle.

At this point on the congressional calendar, most of the activity is designed to score political points and lay the foundation for next year’s policy debate when a new Congress is seated.

For example, take pay-discrimination legislation. Democrats are trying to build on what they see as an advantageous gender gap over Republicans. I’m not implying that Democrats don’t genuinely believe that women are being shortchanged in the workplace. In their view, the correct policy prescription also is good politics.

As I wrote in my posting last week, Democrats are pushing the issue hard. Advocates are urging the Senate to schedule another vote on legislation that would overturn a recent Supreme Court decision and make it easier to sue over pay disparity.

This week, the House Education and Labor Committee approved a bill, the Paycheck Fairness Act, which would increase penalties for wage discrimination.

 That measure would allow plaintiffs to sue for compensatory and punitive damages in addition to recovering back pay. A company that pays women at a different rate than men would have to prove the practice is based on a business necessity.

The bill would permit workers to share pay information and prohibit employers from banning such discussions from the office. It also would establish Department of Labor grants for “negotiation skills training programs for girls and women.”

Some modifications of the original bill made it less stringent. For instance, in the final bill, employees can sue for disparities compared to colleagues who work for the same company within the same county. Previously, the language allowed nationwide coverage.

The change did nothing to help bring committee Republicans onboard; they hung together to oppose the measure. They said the Equal Pay Act of 1963 already makes wage discrimination illegal and that the paycheck bill would increase litigation costs while undermining recruiting and hiring.

Although the House labor committee markup on Thursday, July 24, was amiable, with Republicans and Democrats engaging in friendly banter as GOP amendments were blocked or defeated, the party-line votes demonstrate that bipartisanship on employment law is hard to attain.

The labor committee proceeding contrasted sharply with a House Energy and Commerce Committee markup of a health care IT bill earlier in the week. Democrats and Republicans forged a delicately balanced bill that was approved by a voice vote.

Don’t expect such comity on gender issues any time soon. Polls show presumptive Democratic presidential nominee Barack Obama with a substantial lead among women over GOP candidate John McCain. Michelle Obama is scheduled to announce her husband’s Blueprint for America’s Working Women and Families on Monday, July 28, in a Chicago speech.

As the economy falters, Democrats believe they will make further gains among women because they’re addressing issues like pay equity.

“There is a sense of economic insecurity for women,” said Rep. Rosa DeLauro, D-Connecticut and author of the paycheck bill. “It’s palpable nationwide.”

Republicans will have to figure out how to address those fears, if they’re going to broaden their electoral base this fall.


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