WASHINGTON – In the first legislative action of the new Congress, U.S. Congressman Bart Stupak (D-Menominee) today voted in support of two bills that will help end the discriminatory practice of paying a woman less than a man for performing the same job. 

The Paycheck Fairness Act (H.R. 12), approved by a 256 to 163 vote, will strengthen the landmark Equal Pay Act and close the loopholes that have allowed some employers to avoid responsibility for discriminatory pay.  The Lilly Ledbetter Fair Pay Act (H.R. 11), approved by a 247 to 171 vote, will reverse a May 2007 Supreme Court ruling that made it more difficult for Americans to pursue pay discrimination claims.

“It is unacceptable that many women are still paid less for performing the same job as a man,” Stupak said. “A woman’s paycheck should be based on performance and merit, not gender.”

Although the wage gap between men and women has narrowed since the passage of the Equal Pay Act in 1963, gender-based wage discrimination remains a significant problem for women in the U.S. workforce.  According to the U.S. Census Bureau, women make only 78 cents for every dollar earned by a man.  The Institute of Women’s Policy Research concluded that this wage disparity will cost a woman anywhere from $400,000 to $2 million over her lifetime in lost wages.

The Paycheck Fairness Act would require that employers seeking to justify unequal pay bear the burden of proving that its actions are job-related and consistent with a business necessity.  It would also prohibit employers from retaliating against employees who share salary information with their co-workers.

The Lilly Ledbetter Fair Pay Act would clarify that every paycheck or other compensation resulting from an earlier discriminatory pay decision constitutes a violation of the Civil Rights Act. As long as workers file their charges within 180 days of a discriminatory paycheck, their charges would be considered timely. This was the law prior to the Supreme Court’s May 2007 decision.  The bill would apply to workers who file claims of discrimination on the basis of race, sex, color, national origin, religion, age, or disability.

“Passage of these bills is a victory for all American workers and a clear signal that this Congress will make worker rights a top priority,” Stupak said.  “We must ensure that all Americans are paid fairly for the work that they do and that the law is on their side if they are discriminated against.”

Stupak is a cosponsor of both bills, which now await action in the U.S. Senate.

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