Paycheck Fairness Act Fails to Hurdle Senate Vote

Paycheck Fairness Act, a legislation that seeks to reduce wage disparities between men and women, failed to muster 60 votes needed for it to pass the Senate.

Democrats in the Senate could only get 58 votes as against the GOP’s 41, failing to get the support necessary to invoke cloture on S. 3772, which would have ended debate, and bring the legislation for a plenary voting.

The vote went down along party lines with the exception of Sen. Ben Nelson (D-Neb.), who sided with Republicans and voted against cloture. Not a single member of the GOP sided with the Democrats.

The bill would update the Equal Pay Act of 1963, a law that has not been able to achieve its promise of closing the wage gap because of limited enforcement tools and inadequate remedies.

According to the U.S. Census Bureau, in 2008, women who worked full time earned, on average, only 77 cents for every dollar men earned. The figures are even worse for women of color. African American women only earned approximately 61 cents and Latinas only 52 cents for each dollar earned by a white male.

The Paycheck Fairness Act would make critical changes to the law, including:

- requiring employers to demonstrate that wage differentials are based on factors other than sex;

- prohibiting retaliation against workers who inquire about their employers’ wage practices or disclose their own wages;

- permitting reasonable comparisons between employees within clearly defined geographical areas to determine fair wages;

- strengthening penalties for equal pay violations;

- directing the Department of Labor to assist employers and collect wage-related data; and

- authorizing additional training for Equal Employment Opportunity Commission staff to better identify and handle wage disputes.

The House of Representatives passed its version of the bill (H.R. 12) on January9, 2009. S. 182, the original Senate companion bill, was then introduced by Sen. Hillary Clinton, D-N.Y. before she was confirmed as U.S. Secretary of State.

Senate Majority Leader Harry Reid, D-Nevada, reintroduced the bill (S. 3772) on September 14, 2010.

Reacting to this development, President Barack Obama issued the following statement:

“I am deeply disappointed that a minority of Senators have prevented the Paycheck Fairness Act from finally being brought up for a debate and receiving a vote.  This bill passed in the House almost two years ago; today, it had 58 votes to move forward, the support of the majority of Senate, and the support of the majority of Americans.  As we emerge from one of the worst recessions in history, this bill would ensure that American women and their families aren’t bringing home smaller paychecks because of discrimination.  It also helps businesses that pay equal wages as they struggle to compete against discriminatory competition.  But a partisan minority of Senators blocked this commonsense law.  Despite today’s vote, my Administration will continue to fight for a woman’s right to equal pay for equal work.”

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