| Washington, D.C. - Congresswoman Eddie Bernice Johnson today voted for passage of two key pieces of pay equity legislation, the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act. The Lilly Ledbetter Fair Pay Act, HR 11, passed by a vote of 247-171 and the Paycheck Fairness Act, HR 12, passed by a vote of 256-163. Both bills are identical to the versions that the House passed in the 110th Congress.
The Lilly Ledbetter Fair Pay Act is named for Lilly Ledbetter, who was a victim of sex-based pay discrimination but who was denied a remedy by the Supreme Court in 2007, in a 5-4 decision. The Supreme Court held that a suit for pay discrimination must be filed within 180 days of the employer’s initial decision to pay an employee less. The bill restores longstanding prior law, which provided that a pay discrimination charge must be filed within 180 days of a discriminatory paycheck.
The Paycheck Fairness Act strengthens the Equal Pay Act of 1963, closing loopholes and expanding sex-based wage discrimination remedies to include compensatory and punitive damages. It requires employers to show that pay disparities are not sex-based, are job-related and are consistent with job necessity. It also prohibits employers from retaliating against employees who share salary information with their co-workers.
"We have made progress on combating sex-based pay disparities, but today, women still make only 78 cents for every dollar earned by men. African-American and Latina women earn even less," Congresswoman Johnson said. "Now, when people are struggling financially, is no time to give tacit consent to a system that allows discrimination to exist. The Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act ensure that we will move toward a day when women are paid what they deserve."
Congresswoman Johnson’s complete Congressional Record statement is below.
Madam Speaker,
Today, I am pleased to speak about two bills that will go a long way towards establishing gender equity in American workplaces. The Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act will help close the legal loopholes and restore initial intent of our civil rights laws.
It has been 45 years since the passage of the landmark Equal Pay Act of 1963, and while pay disparities have narrowed, a strong wage disparity still exists. In fact, according to the U.S. Census Bureau women still make only 78 cents on the dollar to their male counterparts.
We cannot deny that this gender disparity exists, and it is essential that we close the loopholes that allow it to continue. The Paycheck Fairness Act increases enforcement and accountability in cases of discrimination, and provides relief for women who face retaliation for standing up for equal pay. It also requires the Department of Labor to increase their efforts to end pay disparities.
Last year, the U.S. Supreme Court overturned a longstanding prior law making it increasingly difficult for workers to pursue legal remedies for pay discrimination. Today we will work to restore the intent of the Civil Rights Act through passage of the Lilly Ledbetter Fair Pay Act. We will no longer unfairly turn back to the clock on discrimination claims. An incident of pay discrimination occurs each time a worker receives a lesser paycheck because of their gender, and we must treat it as such. We can no longer distort the intent of the law to protect those who seek to discriminate.
These bills are not only for women, but for children and families. For the millions of working mothers in America - many of whom are heads of households - it offers financial stability. This wage disparity is costing women between $400,000 and $2 million over a lifetime.
Lower wages factor into long-term financial planning. Retirement and Social Security are based on income. Retirement aged women today are far less likely to receive a pension, and rely on Social Security benefits to survive. The wage discrimination women are facing today will continue to follow them well into retirement.
We cannot continue to simply accept this disparity, and the Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act are strong statements that this type of discrimination will not be tolerated. I would like to thank Congresswoman DeLauro and Chairman Miller for offering these important pieces of legislation, and commend the Democratic leadership for bringing these bills to the floor.
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