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HR 56 Paycheck Fairness Act
Topic Started: 12 Jun 2013, 01:00 AM (310 Views)
Heather Holson
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48 hours for debate

Quote:
 
Ms. KILINGER (for herself, Ms. DELAURO, Mr. KENNSINGTON, Mr. BRENNINGER, Mr. WOODWARD, Ms. HOLLINGSWORTH, Ms. MARTINEZ, Mr. MILLER, and Mr. CALLAGHAN) introduces

A BILL

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Paycheck Fairness Act’.

SEC. 2. FINDINGS.
Congress finds the following:

(1) Women have entered the workforce in record numbers over the past 50 years.

(2) Despite the enactment of the Equal Pay Act in 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination.

(3) The existence of such pay disparities--

(A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet;

(B) undermines women’s retirement security, which is often based on earnings while in the workforce;

(C) prevents the optimum utilization of available labor resources;

(D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States;

(E) burdens commerce and the free flow of goods in commerce;

(F) constitutes an unfair method of competition in commerce;

(G) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce;

(H) interferes with the orderly and fair marketing of goods in commerce; and

(I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th Amendments.

(4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).

(B) These barriers have resulted, in significant part, because the Equal Pay Act has not worked as Congress originally intended. Improvements and modifications to the law are necessary to ensure that the Act provides effective protection to those subject to pay discrimination on the basis of their sex.

(C) Elimination of such barriers would have positive effects, including--

(i) providing a solution to problems in the economy created by unfair pay disparities;

(ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance;

(iii) promoting stable families by enabling all family members to earn a fair rate of pay;

(iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and

(v) ensuring equal protection pursuant to Congress’ power to enforce the 5th and 14th Amendments.

(5) The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work.

(6) The Department of Labor is responsible for--

(A) collecting and making publicly available information about women’s pay;

(B) ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity);

(C) disseminating information about women’s rights in the workplace;

(D) helping women who have been victims of pay discrimination obtain a remedy; and

(E) being proactive in investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates.

(7) The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act, and issues regulations and guidance on appropriate interpretations of the law.

(8) With a stronger commitment by the Department of Labor and the Equal Employment Opportunity Commission to their responsibilities, increased information as a result of the amendments made by this Act to the Equal Pay Act of 1963, wage data, and more effective remedies, women will be better able to recognize and enforce their rights.

(9) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Bona-Fide Factor Defense and Modification of Same Establishment Requirement- Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended--

(1) by striking ‘No employer having’ and inserting ‘(A) No employer having’;

(2) by striking ‘any other factor other than sex’ and inserting ‘a bona fide factor other than sex, such as education, training, or experience’; and

(3) by inserting at the end the following:

‘(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; and (iii) is consistent with business necessity. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.

‘(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term ‘establishment’ consistent with rules prescribed or guidance issued by the Equal Opportunity Employment Commission.’.

(b) Nonretaliation Provision- Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--

(1) in subsection (a)(3), by striking ‘employee has filed’ and all that follows and inserting ‘employee--

‘(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry Committee; or

‘(B) has inquired about, discussed, or disclosed the wages of the employee or another employee.’; and

(2) by adding at the end the following:

‘(c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.’.

(c) Enhanced Penalties- Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended--

(1) by inserting after the first sentence the following: ‘Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.’;

(2) in the sentence beginning ‘An action to’, by striking ‘either of the preceding sentences’ and inserting ‘any of the preceding sentences of this subsection’;

(3) in the sentence beginning ‘No employees shall’, by striking ‘No employees’ and inserting ‘Except with respect to class actions brought to enforce section 6(d), no employee’;

(4) by inserting after the sentence referred to in paragraph (3), the following: ‘Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.’; and

(5) in the sentence beginning ‘The court in’--

(A) by striking ‘in such action’ and inserting ‘in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection’; and

(B) by inserting before the period the following: ‘, including expert fees’.

(d) Action by Secretary- Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended--

(1) in the first sentence--

(A) by inserting ‘or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),’ before ‘and the agreement’; and

(B) by inserting before the period the following: ‘, or such compensatory or punitive damages, as appropriate’;

(2) in the second sentence, by inserting before the period the following: ‘and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)’;

(3) in the third sentence, by striking ‘the first sentence’ and inserting ‘the first or second sentence’; and

(4) in the last sentence--

(A) by striking ‘commenced in the case’ and inserting ‘commenced--

‘(1) in the case’;

(B) by striking the period and inserting ‘; or’; and

(C) by adding at the end the following:

‘(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.’.

SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 10, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages.

SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND WOMEN.
(a) Program Authorized-

(1) IN GENERAL- The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program.

(2) GRANTS- In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities, to carry out negotiation skills training programs for girls and women.

(3) ELIGIBLE ENTITIES- To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization.

(4) APPLICATION- To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require.

(5) USE OF FUNDS- An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women. The training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and rates of compensation that are equal to those paid to similarly situated male employees.

(b) Incorporating Training Into Existing Programs- The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under--

(1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and

(2) in the case of the Secretary of Labor, the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate.

(c) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor and the Secretary of Education shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this Act.

SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including--

(1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities;

(2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities;

(3) sponsoring and assisting State and community informational and educational programs;

(4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities;

(5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and

(6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE.
(a) In General- There is established the Secretary of Labor’s National Award for Pay Equity in the Workplace, which shall be awarded, as appropriate, to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)).

(b) Criteria for Qualification- The Secretary of Labor shall set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence of such effort. The Secretary shall establish procedures for the application and presentation of the award.

(c) Business- In this section, the term ‘employer’ includes--

(1)(A) a corporation, including a nonprofit corporation;

(B) a partnership;

(C) a professional association;

(D) a labor organization; and

(E) a business entity similar to an entity described in any of subparagraphs (A) through (D);

(2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and

(3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2).

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following:

‘(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall--

‘(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and

‘(B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees.

‘(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports.’.

SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION.
(a) Bureau of Labor Statistics Data Collection- The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey.

(b) Office of Federal Contract Compliance Programs Initiatives- The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office--

(1)(A) shall use the full range of investigatory tools at the Office’s disposal, including pay grade methodology;

(B) in considering evidence of possible compensation discrimination--

(i) shall not limit its consideration to a small number of types of evidence; and

(ii) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and

(C) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case;

(2) for purposes of its investigative, compliance, and enforcement activities, shall define ‘similarly situated employees’ in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10-III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office’s investigation reveals were used in making compensation decisions; and

(3) shall reinstate the Equal Opportunity Survey, as required by section 60-2.18 of title 41, Code of Federal Regulations (as in effect on September 7, 2006), designating not less than half of all nonconstruction contractor establishments each year to prepare and file such survey, and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate.

(c) Department of Labor Distribution of Wage Discrimination Information- The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations- There are authorized to be appropriated $15,000,000 to carry out this Act.

(b) Prohibition on Earmarks- None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives.

SEC. 11. SMALL BUSINESS ASSISTANCE.
(a) Effective Date- This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act.

(b) Technical Assistance Materials- The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act.

(c) Small Businesses- A small business shall be exempt from the provisions of this Act to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act pursuant to section 3(s)(1)(A) (i) and (ii) of such Act.

SEC. 12. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.

SEC. 13. PLAIN ENGLISH SUMMARY
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.
Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex.
Limits such factors to bona fide factors, such as education, training, or experience.
States that the bona fide factor defense shall apply only if the employer demonstrates that such factor:
(1) is not based upon or derived from a sex-based differential in compensation,
(2) is job-related with respect to the position in question, and
(3) is consistent with business necessity.
Makes such defense inapplicable where the employee demonstrates that:
(1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and
(2) the employer has refused to adopt such alternative practice.
Revises the prohibition against employer retaliation for employee complaints.
Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.
Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.
States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.
Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women.
Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women.
Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women.
Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination.
Directs:
(1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey,
(2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and
(3) the Secretary to make accurate information on compensation discrimination readily available to the public.
Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
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Landry
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Winter is Coming to the Red States
Madam Speaker,

I proudly call for unanimous consent on this piece of legislation, in the name of every woman who has come before us, and for all our daughters and granddaughters. Let us finally, finally, finally consign pay inequality in America to the rubbish heap of history, and instead mark this as the day that, in this country, the pay you receive is based on the work you do, the talents G-d gave you, and your ability to see things through to the end.

I yield.
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Heather Holson
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Motion recognized. 24 hours for objections.
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The Doctor
#Luke2016 (The Hope of Democrats everywhere)
Madame Speaker

I object

I yield
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Landry
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Winter is Coming to the Red States
Madam Speaker,

I move to the previous question, and I yield.
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Vissering
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I'm radioactive.
Madame Speaker,

I second the motion to move to the previous question and yield.
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The Doctor
#Luke2016 (The Hope of Democrats everywhere)
Madame Speaker

I move to table this unnecessary, and rather pointless in a 21st century America, piece of legislation

I yield
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Heather Holson
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Objection noted. Motion is recognized and properly seconded. 24 hours for voting.
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Vissering
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I'm radioactive.
Aye to call
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The Doctor
#Luke2016 (The Hope of Democrats everywhere)
Nay to Call
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Nick
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Madame Speaker,

I'm again dismayed at the Minority for their lack of commitment to women's issues. First, a simple resolution honoring one of America's greatest heroines. Now, today, they stand in the way of equal pay for equal work.

Seventy-seven cents. For every dollar that a male makes, on average, his female counterpart will make but 77 cents. In what definition of the word "fair" does this fit into? In what sense is that equal?

You see, since the days of the Kennedy Presidency, women have fought for equal pay for equal work. We haven't suggested that we should make more than our male counterparts -- that would be ridiculous. We've just maintained that if the work is equal, then the pay should be too.

Today, a woman sits behind the desk in the Oval Office. I'd like to tell my daughters, Marissa and Helen, how great this accomplishment is -- and it is an incredible step forward. However, it's laughable that despite the presence of our first female President, my daughters still don't make as much as the men they work with, not because the men do more work or have a higher rank, but because they have the benefit of being men. Does that even make sense to the good members of this body?

I will happily debate the merits of this bill, but I question the minority's ability to prevent the debate from turning into a woman-bashing, pro-life debate. Therefore, I second the motion to move the previous question.

I yield the floor.
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Nick
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Madame Speaker,

I would love for the Gentleman from Utah to enlighten me. Why is this bill unnecessary?

I yield.
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Heather Holson
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Seconded noted though unnecessary as the motion has already been seconded.

Chair votes aye to call the question
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Nick
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Aye to Call
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The Doctor
#Luke2016 (The Hope of Democrats everywhere)
Madame Speaker

I note the member from Illinois refers to the deeply, deeply flawed statistic of 73 cents to the dollar for every dollar a man makes, so I'll start there.

I have with me documents from the Obama White House. These documents blow this whole 'gender gap' issue out of the water. Let us begin. First and foremost lets be honest with ourselves, men seek careers that are more dangerous, therefore they do get paid more in those professional careers. According to the U.S. Bureau of Labor Statistics: Fishers, loggers, aircraft pilots, farmers and ranchers, roofers, iron and steel workers, refuse and recyclable material collectors, industrial machinery installation and repair, truck drivers, construction laborers. They're all male-dominated jobs.

By choice, Men are far more likely to work in higher-paying fields and occupations. This Obama White House Report says: "In 2009, only 7 percent of female professionals were employed in the relatively high paying computer and engineering fields, compared with 38 percent of male professionals." Professional women, on the other hand, are far more prevalent "in the relatively low-paying education and health care occupations."

Finally lets get real: Men are far more likely to take work in uncomfortable, isolated, and undesirable locations that pay more. That's not a shot at women, that's just how we're built. However despite everything I've spoken of today, I'm drawn the most to this fact: Single unmarried women who've never had a child actually earn more than unmarried men. In fact Women business owners make less than half of what male business owners make, which, since they have no boss, means it's independent of discrimination. The reason for the disparity, according to a Rochester Institute of Technology study, is that money is the primary motivator for 76% of men versus only 29% of women. Women place a higher premium on shorter work weeks, proximity to home, fulfillment, autonomy, and safety

All this talk of women earning less than men is simply not true, if all of the women of America were employed in the exact same occupations as the men, at the same rate, than the numbers would be the same. That's simple fact, something the Honorable Majority Leader appears to have trouble grappling with. There is no glass ceiling blocking females from succeeding in the workplace, besides their own preferences for occupation. If the member from Illinois wants to break that so-called 'Glass ceiling', well, it just simply isn't going to happen by adding more unnecessary laws for the good business owners of America to deal with, to solve problems that just don't exist.

I yield
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Brenninger
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#Swaggy
Aye to call
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Landry
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Winter is Coming to the Red States
Yea to call
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peter
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Lucas for President: Take Back America!
Madam Speaker

I firmly agree with the Gentleman from Utah that this Bill is unnecessary. I second his motion to table the Bill. Before the majority gets worked up over the "hypocrisy" of my party in doing so, this motion comes with good reason: there is no real evidence this Bill is required. Furthermore, many of its provisions, such as appropriations for special training programs only for women, constitute affirmative action, a failed and condescending policy that implies people can never succeed without special treatment from the government.

I yield.
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Melissa Sanchez
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Madam Speaker,

I spent 20 years working in a traditional male field, law enforcement. I did, indeed, earn the same paycheck as my male colleagues, as well as taught a couple of them that the "weaker sex" isn't weak.

I also had female coworkers who did, indeed, take a hit on their paychecks. The reason was not, however, due to deliberate discrimination. The reasons, for there were several, related to taking time off to deal with family emergencies and to rear children.

In general, pay is related to seniority and time in position. Women are expected to deal with many of the crises that occur in families, and there is one thing women alone can do: bear children. Extended time off results in having to start again, or at the very least to lose out on raises.

The classic citation of the wage differential between men and women does not, in itself, indicate deliberate discrimination. It indicates the reality of social expectations and biology as well.

I have the impression that this legislation attempts, in a somewhat back door sort of way, to attempt to criminalize wage differentiation due to the time out for items such as child bearing. If so, this is a debate that needs to be out in the open.

I am not yet convinced that this bill is needed, wanted, or desired. But I am willing to acknowledge that it may be.

Nay to call.


I yield the floor at this time, but reserve the balance of my time.
Edited by Melissa Sanchez, 12 Jun 2013, 07:57 AM.
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Vissering
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I'm radioactive.
Madame Speaker,

I used to work as a sales associate at Dillards several decades ago, and I'm happy to say that I did indeed recieve the equal amount of pay as my male colleagues. However this is simply not the case with every woman right here in America. They're discriminated against for simply being a female, and quite frankly that's appalling. This legislation seeks to ensure that women receive equal pay to their male colleagues, and it is upsetting that my colleagues are standing against this legislation.

I yield.
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