The Associated Press

Women rally for an equal pay bill in front of Congress.

Featured Topic | Posted 31 weeks 6 days ago

Should Congress mandate 'equal pay' for women?

Equal pay for equal work is the feminist catch phrase in the U.S. Senate this week. That’s because lawmakers are scheduled to take on a measure arising out of the case of Lilly Ledbetter, an Alabama woman who lost a wage discrimination suit at the Supreme Court last year.

Under a measure sponsored by Senator Edward M. Kennedy, D-Mass., the court’s ruling that Ms. Ledbetter failed to file a timely challenge to pay practices at a Goodyear Tire and Rubber Co. plant in Gadsden would effectively be overturned, though Ms. Ledbetter would not benefit directly.Ms. Ledbetter, who earned thousands of dollars less than male colleagues doing similar supervisory work, was found by the court to have failed to make her claim within 180 days of the company’s pay policy decision. The sponsors of the bill want to clear up that requirement and straighten out what they see as a flawed ruling.

Should Congress force employers to pay women the same wage as men? Or are there reasons other than outright discrimination why women earn less than men on average?

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Ben likes: Gender wage distortions

Jennifer Peck Corry/Human Events

According to the National Center for Pay Equity, women’s earnings in 2006 were 76.9 percent of men’s, with the median full-time, year-round female employee earning just $32,515, compared to a median male earning of $42,261. But should we be outraged? No. And here’s why.

Women earn less largely because we have the luxury of decisions that men generally can only dream of. We work less hours in the average work week, we are more likely to take time off to have kids or care for aging parents, and we choose lower paying fields requiring less formal education. Oh, and we’re less far less likely to be killed at work, a little detail often neglected at the NCPE.

According to the Bureau of Labor Statistics, men are much more likely to suffer fatal workplace injuries than women. According to 2006 BLS statistics, the most recent year available, 428 American women were killed on the job. Compare this with the 5,275 men who lost their lives. The reason: Men take more dangerous, laborious, and physically demanding jobs, and they are compensated heavily for taking such positions. According to the BLS, the most deadly fields for 2006 were those heavily dominated by men, including logging, mining, waste management, law enforcement, construction, and transportation projects.

Conversely, as the BLS statistics demonstrated, the fields with the lowest death rates, including education and social services, are female-dominated. Ultimately, the average man is more willing than the average woman to spend his days inside dark mines to extract coal.Act like a man and you’ll be compensated as one.

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Joel likes: Keep the courthouse doors open

Deborah J. Vagins/ACLU

Last May, the Supreme Court ruled in Ledbetter v. Goodyear that employees who have suffered years of discrimination can’t have their day in court, if they don’t discover the discrimination within 180 days of their employer’s initial discriminatory pay decision.

The Ledbetter decision not only reversed years of employment law, it also ignored the realities of a workplace. Often employees don’t know what their co-workers are paid. In fact, only one in ten private sector employers has adopted a pay openness policy and companies often prohibit employees from sharing wage information at all. An expectation that an employee learn that information within the first 180 days of a pay decision is unreasonable.

Unless Congress intervenes, companies will be able to discriminate for years and unjustly profit from paying women, minorities, the elderly, and people with disabilities less, as long as it keeps the discrimination secret for a few months.

In other words, if a company is discriminating in its wages and hides it for just a few short months, it can pay women less than men, blacks less than whites, older workers less than younger ones, and so on, and so on, with absolutely no accountability. Ever. They can hurt workers and their families, and just pocket the money.

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