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U.S.
Senator Member: Finance, Agriculture, Energy, Ethics and Aging Committees |
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For Immediate
Release Wednesday, April 23, 2008 |
CONTACT:Stephanie Valencia – 202-494-8790 |
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| Sen. Salazar Statement on Fair Pay Act
WASHINGTON, DC – United States Senator Ken Salazar submitted the following statement into the Congressional Record today, before voting for the Fair Pay Act. The bill, which did not secure enough votes to proceed to its debate, would correct a Supreme Court decision that turns back the clock on civil rights protections for workers who face pay discrimination based on their gender, age, race, national origin, religion or disability. “I rise today in strong support of the Lilly Ledbetter Fair Pay Act, which would clarify the laws against pay discrimination. I would like to thank Senator Kennedy, Chairman of the Health, Employment, Labor and Pensions Committee, for his leadership on the bill. He has been a tireless champion for civil rights and I applaud his work. “We as Americans are bound by a powerful idea - a revolutionary idea - that our nation is a work in progress. It is an idea etched in the words of the Constitution: “to form a more perfect union.” It is an idea that has inspired some of our nation’s greatest achievements - abolishing slavery, banning segregation, and expanding voting rights. It is an idea that brings the best out of our public service. “This week in the Senate we have an opportunity to take another important step along our path of progress – to make our union more perfect. It is no secret that pay gaps exist in our country. Gender, race, national origin, age, disability, or religion should not have any effect on a worker’s pay. But, sadly, they do. “Nationally, women earn 77 cents for every dollar that men earn. In Colorado, women earn 79 cents for every dollar that men earn. The inequities are even clearer when you break the numbers in Colorado down by ethnicity. On average, African American women earn 61.2 percent of what white men earn; Asian American women earn 68.4 percent; Hispanic women earn 52.4 percent; and Native American/Alaskan Native women only earn 54.7 percent of what white men earn. “These pay disparities persist partly because women still occupy fewer high paying jobs than men. But they also persist because of continued pay discrimination in the workplace. We have laws on the books to make pay discrimination illegal, but those laws can be improved. “Lilly Ledbetter’s case is a classic, and tragic, example. Ms. Ledbetter worked for the Goodyear Tire and Rubber Company in Gadsden, Alabama for 19 years. She was a manager, a position predominately occupied by men at the company. After early retirement, Ms. Ledbetter learned, from an anonymous note, that male managers at the company were making 20-40% more than she was making in the same job. “So Ms. Ledbetter
took Goodyear to court. The jury found that the company violated her
rights under Title VII of the Civil Rights Act of 1964. They awarded
her back pay and damages. “Rightly, Ms. Ledbetter appealed to the US Supreme Court. In its 5-4 decision, the Supreme Court held that the 180-day statute of limitations begins when the original discriminatory act occurs. Whether the worker even knew that the discriminatory decision was made is of no consequence. Whether they were discriminated against for 1 or 20 years is also insignificant under the Court’s majority decision. “It is critical to understand the profound impact of the Court’s decision. If an employee cannot challenge a discriminatory paycheck beyond the 180 days that the employer made the discriminatory decision, companies that discriminate cannot be held accountable for their actions. Six months after a discriminatory action, the bad actor is in the clear. This was certainly not the intent of Congress when it enacted the Civil Rights Act of 1964. “In her dissenting opinion, Justice Ginsburg raised a good question and a matter of common sense. How was Ms. Ledbetter supposed to know, and therefore complain, when she was first given a lower raise than her male counterparts? Goodyear, like many employers, kept salaries and raises confidential. “The Lilly Ledbetter Fair Pay Act would correct this injustice. The bill would amend title VII of the Civil Rights Act of 1964 and other civil rights laws to make clear that the 180-day statute of limitations on a pay discrimination claim, based on gender, race, national origin, religion, age or disability, would restart every time an employee receives any wages or benefits affected by the discriminatory act. Mr. President, this was the law of the land for decades, with the exception of 3 states, until the U.S. Supreme Court decision, Ledbetter v. Goodyear. “The Lilly Ledbetter Fair Pay Act should receive the unanimous support of this body. We should all agree on the principle of ‘equal pay for equal work.’ We should all agree that pay discrimination has no place in a 21st century America. And we should all agree that when there is a clear problem with the existing law, we should correct it. “We have come along
way over the last two and a half centuries toward opening the doors
of opportunity to every American. But ours is a nation still in progress,
and our union can still be perfected.” ###
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