Next Steps for Progress Progr ess on Equal Pay By Jocelyn Frye
April 12, 2016
A as-ood resauran resauran in Philadelphia Philadelphia paid is emale emale shif managers managers and cashiers less han men in he same jobs, even hough hey were doing subsanially equal work, and gave he male workers he preerred job assignmens and schedules so ha he emale workers ended up wih ewer hours.1 A exas ransporaion company paid a emale operaions direcor less han hree male operaions direcors; when she was assigned o replace one o he men afer he lef he company, company, she came across his hi s pay sub and dis2 covered ha he had been receiving a higher salary. A woman was old by her Mississippi employer ha she could no move ino one o he company’s higher-paying sales jobs exclusively held by men�even hough she was perorming he same ype o work� because he job was oo dangerous dangerous or a woman. woman. She was also admonished admonished ha she would no be a good moher i she ook ook he job because because i would require require her o ravel. ravel.3 For many workers, hese sories hi close o home. Employees�mos Employees�mos ofen women bu someimes men�have an inkling ha hey are being paid less han someone else doing he same ype y pe o job. In some insances, such as he cases above, employees can successully pursue charges o discriminaion, vindicae heir r ighs, and receive compensaion or he money hey should have been receiving in i n heir paychecks. oo oo ofen, however, workers are uncerain: uncerain: Tey lack enough enough inormaion o know wha ohers earn, earn, leaving hem o wonder wheher hey are being paid unairly. Te resul is ha he employees� unwilling o risk ri sk heir jobs by complaining� complaining�coninue coninue o work bu remain rusraed r usraed and even demoralized or angry. Mos imporanly, imporanly, heir siuaions remain unchanged� and i hey are righ, hey are losing hard-earned dollars every day ha could be used o help suppor heir amilies and make ends mee. Te principle o equal pay or equal work is i s a cornersone o he naion’s commimen o equaliy, airness, and ensuring ensuring ha every worker has a air chance o succeed in he workplace. Bu long-sanding long-sanding pay dispariies coninue o suppress suppress he earnings o oo many women, undermining heir amilies’ economic securiy and impairing i mpairing heir longerm financial sabiliy.
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Center for American Progress | Next Steps for Progress on Equal Pay
In he public discourse abou equal pay, pay, many poin o he gender wage gap�he gap beween women’ women’s and men’ men’s average average earnings�as he mos mos visible illusraion o pay inequaliy.. Te gap currenly sands a 21 cens; women earn only 79 cens or every inequaliy dollar earned by men. 4 Tis gap is even larger or women o color: Arican American women earn 60 cens or every dollar earned by whie men, while Naive Naive American 5 women and Lainas Lainas earn only 59 cens and 55 cens, respecively respecively.. Asian American women earn 84 cens or every dollar earned by whie men; however, however, ha ha figure varies widely by subgroup�among subgroup�among Vienamese Vienamese women, or example, i is only 62 cens.6 Forunaely, here are measures ha policymakers can ake o esablish air pay pracForunaely, ices, comba pay discriminaion, and close he wage gap. Bu o do so, hey mus have a clear undersanding o he underlying problems and he soluions ha could make a difference by improving workplace pracices. Tis issue brie explains he difference beween he wage gap and equal equal pay or equal equal work, discusses recen recen effors o address address boh issues, and lays lays ou prioriies or policymakers, ocusing primarily primarily on a ramework or progress on equal pay bu also al so discussing more broadly he comprehensive measures needed o close he gender wage gap. Real progress is sorely needed. I lawmakers are willing o pursue workable reorms reorms ha address address he real needs needs o working amilies, i is also achievable.
Overview of equal pay for equal work and the wage gap Making progress on pay dispariies requires a clear undersanding o he erms “equal “equal pay or equal work” and he “gender wage gap”�how hey are conneced and how hey are differen. Te erms are no inerchangeable inerchangeable bu reflec disinc conceps wih w ih disinc challenges.
Different terms, different meanings Equal pay for equal work describes describes he legal principle ha underpins he
proecion agains discriminaion in pay. pay. Tis principle has been esablished by ederal employmen laws such as he Equal Pay Pay Ac, or EP EPA, A, o 1963 7�which prohibis sex-based discriminaion in wages�and ile ile VII o he Civil Civ il Righs Ac o 19648�which prohibis wage discriminaion based on acors including race, color, naional origin, and sex. Tese laws require ha employers pay employees equally or perorming peror ming equal work�meaning work ha requires equal skill, effor, and responsibiliy and is perormed under similar working condiions9�excep in siuaions where he pay difference can be explained by permissible acors such such as differences in senioriy.10
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Center for American Progress | Next Steps for Progress on Equal Pay
Alhough he public conversaion conversaion abou equal equal pay is ofen ramed as solely a women’ women’s issue, he issue is i s broader and covers many differen workers. Pay Pay discriminaion charges are no filed exclusively by women; in ac, men brough approximaely one-hird o he charges filed under ile VII in fiscal year 2013.11 Ta same year, people o color filed more han hal o he pay discriminaion charges filed under ile VII in cases in which he race o he person filing a charge was specified.12 Employers who are covered13 by ederal equal pay laws have a disinc, specific, and unchanging responsibiliy o adhere o anidiscriminaion requiremens and pay employees employees equally or equal work. The gender wage gap , by conras, is a broader concep. concep. I represens represens he difference difference
beween women’ women’s and men’ men’s earnings and is driven by many many differen acors, acors, including bu no limied o discriminaion.14 Facors such as differences in educaion, senioriy, work hours, and experience all may conribue o he gender gender wage gap, gap, and he exisence o a gender wage gap may or may no reveal a broader problem or legal violaion.
Obstacles to overcome, challenges to address
A closer analysis o how hese wo conceps play play ou in he real real world reveals reveals he challenges wih addressing hem. Te goal o ensuring equal pay or equal work and eliminaing pay discriminaion remains elusive, in par because pay discriminaion is hard o uncover.. Pay pracices are requenly uncover requenly hidden rom view vi ew,, and employees ofen have litle access o pay inormaion. Similarly, discussions abou pay in he workplace are regularly discouraged or prohibied,15 which has a coercive effec on employees who have quesions or concerns abou heir hei r pay. pay. Even when employees gain inormaion ha confirms a problem exiss, hey can ace difficul legal hurdles i hey wan o complain. Cours have been overly sric in heir inerpreaions o wha acs are needed o esablish ha he jobs in dispue are air comparaors beore a case can even move orward.16 Under he Equal Pay Ac, or example, an individual mus show as a hreshold mater ha he basic elemens o a claim have been me: ha he individual was paid unequally unequally compared o a person o he opposie sex and ha he jobs being compared consiue consiue equal work requiring “equal skill, effor, effor , 17 and responsibiliy, and which are perormed under similar working condiions.” condiions.” Some cours have consrued his equal work requiremen so narrowly ha only cases in which he jobs are almos idenical are permited o move o rial, which leads o claims being premaurely premaure ly dismissed beore he acs can be evaluaed in conex.18 A he same ime, ime, cours have broadly broadly inerpreed he deenses available available o employers employers under he Equal Pay Ac�which employers can invoke o jusiy a pay dispariy�such as he “any acor acor oher han sex” deense, which allows employers o jusiy a pay dierenial as long as hey can say i was no explicily ex plicily based on sex. 19 All o hese barriers have made i difficul or individuals i ndividuals o challenge unequal pay pracices in cour, cour , even
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Center for American Progress | Next Steps for Progress on Equal Pay
hough suppor or equal pay requenly regisers as a op workplace prior iy.20 A recen survey ound, or example, ha 58 percen o U.S. women considered considered he gender wage gap o be heir op concern.21
Drivers of the gender wage gap
Te gender wage gap sems rom he wide variey o acors ha collecively affec women’s labor orce paricipaion parici paion and overall earnings. Research has ound ha i is driven by muliple acors, rom measurable differences in work hours and levels o experience o less quanifiable bu no less impacul views on how cerain jobs or workers should be valued.22 Noed scholars Francine Blau and Claudia Goldin have writen exensively abou he muliaceed naure o he wage gap, documening is differen componens. 23 Blau and her co-auhor Lawrence Kahn analyzed he conribuors o wage differences and ound ha while nearly hal o he difference is due o he concenraions o men and women in various occupaions occupaions and indusries, indusries, a significan significan percenag percenagee was due due o unexplained unexplained dierences, including poenial discriminaion. Alhough he precise size o his unexplained gap varies across differen sudies, heir research concluded ha 40 percen o he gap was unexplained. 24 Oher research reached a similar conclusion, finding ha one-hird o he wage gap gap was unexplained unexplained..25 Goldin’s work has conneced gender pay differences o work hours: Women work ewer hours han men, in par because women ake on more caregiving responsibiliies a home and hus move in and ou o he workorce more requenly. 26 Teir research makes clear ha piecemeal approaches ha ail o address he acual acors driving dispariies in pay are shorsighed and may do litle o close he wage gap. Insead, policymakers mus ake a comprehensive, coordinaed approach. Alhough equal pay pay and he wage wage gap are are disinc disinc conceps, conceps, hey are also inexricably linked� aking seps o achieve equal pay may help reduce he overall wage gap, and effors o close he wage gap may help promoe beter pay pracices ha lead o equal pay.27 In he curren discourse, criics ofen conflae equal pay and he gender wage gap, allowing hem o jusiy inacion on boh issues. Undersanding he differences beween he wo is criical o ensure ha boh prioriies receive he argeed atenion hey deserve and o make clear ha addressing one does no aler he need o address he oher.
Recent efforts to address the wage gap and equal pay While policymakers policymakers across across pary lines lines are are ofen quick o voice voice heir suppor suppor or equal pay pay in principle, hey sharply disagree abou wha seps, i any, are needed o ensure equal pay in pracice. One reason or his impasse sems rom compeing views abou he relaionship beween equal pay and he gender wage gap. Some argue ha litle or no acion is
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Center for American Progress | Next Steps for Progress on Equal Pay
needed�on equal pay or he wage gap�because exising pay dispariies are enirely explainable, due mosly o women’s choices, ime ou o he workorce, and reduced hours in comparison o men.28 For he proponens o his view, he impac o hese choices demonsraes ha discriminaion is a much smaller�or even negligible�acor conribuing o women’s women’s lower wages. Because mos gender-based pay differences are he resul o women’s choices and amily decisions, hey argue, policy inervenion o srenghen enorcemen o equal pay laws or o oherwise help raise women’s earnings is unnecessary. Tis argumen largely ignores he broader body o research showing ha boh explained and unexplained acors�no jus women’s choices�influence he wage gap. 29 I also dismisses research exploring he impac o he lack o work-lie policies on all workers’ abiliy o move in and ou o he workorce or caregiving reasons.30 Tis subsanial body o research research suggess ha ha he women’ women’s choices rame is oo narrow narrow and underincluunderinclusive o ully explain he wage gap or undersand is conours and ha policy inervenions could make a difference.31 Te argumen or inacion also glosses over he differences beween pursuing equal pay or equal work and closing he wage gap. gap. Employers who are covered by equal pay laws are required o ensure equal pay or equal work and mainain workplaces ree o pay discriminaion; his legal obligaion does no change simply because here may be oher acors affecing affecing he wage gap. Te obligaion o comply wih ederal equal pay laws is a disinc, di sinc, sand-alone requiremen ha is no dependen on or reduced by whaever oher acors acors may be affecing affecing wages. wages. Employers Employers are charged wih combating pay discriminaion in is enirey by closing all o he pay gap due o discriminaion. Te ac ha discriminaion may be only one piece o he overall wage gap puzzle does no diminish he need or robus enorcemen o equal pay laws or eliminae he need o examine wheher exising ex ising proecions are working or sronger proecions are needed. Ye Y e opponens o effors effors o address he wage wage gap rarely ocus on effors o o ensure vigorous enorcemen o equal pay laws. Supporers o policy inervenion argue ha pay differences are conneced o longsanding sereoypes, persisen undervaluing o so-called women’s work, and he lack o up-o-dae workplace policies ha enable workers o ulfill heir work and amily obligaions wihou sacrificing one or he oher.32 Tese advocaes poin o he need or sronger legal proecions o comba discriminaion, along wih w ih more robus, comprehensive work-amily policies o help promoe equal pay and close he wage gap. Tese compeing lines o argumen ofen are presened as calling or wo wo disincly differen oucomes�acion oucomes� acion or inacion�which has resuled in virually v irually no consensus or movemen on meaningul equal pay legislaion a he naional level since he firs days o he Obama adminisraion. adminisra ion. Tis salemae does a disservice o he millions mil lions o workers who believe ha equal pay or equal work and air pay pracices are essenial workplace values and prevens acion ha could improve he economic sanding o amilies across he counry.
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Center for American Progress | Next Steps for Progress on Equal Pay
Congressional (in)action
A he congressional level, he conversaion abou equal pay and he wage gap over recen years has largely consised o a war o words. Te exising laws ha have pro vided he ron-line equal pay proecions�he Equal Pay Pay Ac and ile VII�have been on he books or more han 50 years. W hile hese laws have been insrumenal in helping o erode rigid pay barriers ha have unairly depressed women’s wages, heir ull impac has been bluned by he way cours have inerpreed he scope o he proecions available o employees. In response o hese challenges, wo major bills�he bil ls�he Fair Pay Ac, or FPA,33 and he Paycheck Fairness Ac, or PFA 34�have been pu orward o srenghen exising equal pay proecions. Among oher hings, he Fair Pay Ac, originally inroduced in 1994 by hen-Sen. om om Harkin (D-IA) (D-IA) and Delegae Delegae Eleanor Eleanor Holmes Noron Noron (D-DC), was inended o address he problem o overly narrow judicial inerpreaions o wha consiues “equal work” by broadening he legal sandard used o encompass “equivalen bi ll also proposed bolsering proecions agains realiaion or discussing work.””35 Te bill work. pay a work and increasing he damages available or violaions o include compensaory and puniive damages damages.. Te Paycheck Fairness Ac, which was firs inroduced in 1997 by hen-Sen. om om Daschle (D-SD), ocused on oher key problems wih exising law. Te PFA’s proposed modificaions include ighening he deenses available o employers, requiring hem o demonsraee a business-relaed reason or a pay dispariy; requiring employers o repor demonsra heir pay daa o enorcemen officials on a regular basis; prohibiing realiaion when employees discuss heir pay; and lifing he cap on damages available o pay discriminaion vicims.36 Te imporan improvemen i mprovemens s conained in boh bills bi lls would srenghen exising equal pay proecions. Unorunaely, Unorunaely, suppor and opposiion or hese proposals have generally allen along pary lines or years, wi h Democras supporing he proposals and Republicans opposing hem. Te one imporan excepion o he oherwise subborn inacion o Congress over he pas ew years was he passage o he Lilly Ledbeter Fair Pay Ac, or Ledbeter Ac, in 2009. Congress passed he Ledbeter Ac in response o a 2007 Supreme Cour rul Ledbeter er v. v. Goodyear Goodyear Tire Tire and and Rubber Rubber Compan Companyy ,37 rom a sharply divided Cour ing, Ledbet ha changed a decades-old rule regarding he ime period or filing pay discriminaion Ledbeter er , individuals alleging pay claims.38 Prior o Ledbet pay discriminaion discriminaion were required required o file heir claim wihin 180 days o receiving he las discriminaory paycheck because each paycheck ineced by discriminaion consiued a discriminaory ac ha violaed he law. Ledbeter er , however, In Ledbet however, he Cour Cour ignored preced preceden en and ruled ha ha a pay pay discriminaion discriminaion claim mus be filed wihin 180 days o when he discriminaory decision was made. Tis change would have prevened many vicims rom filing heir cases because hey lacked access o he inormaion ha would have revealed discriminaion was aking place.
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Center for American Progress | Next Steps for Progress on Equal Pay
Te Ledbeter Ac was inended o correc he Supreme Cour’s decision and resore he prior rule. Alhough iniially caugh in a parisan salemae in he Senae,39 he ac evenually became a 2008 campaign issue: Ten-Sen. Barack Obama (D-IL) pushed or passage while Sen. John John McCain McCain (R-AZ) (R-AZ) skipped skipped he Senae Senae voe and and saed saed his opposiion. opposiion.40 Shorly afer Presiden Obama’s inauguraion in 2009, he Senae was able o overcome he filibuser ha had held up he Ledbeter Ac, and i became he firs bill ha Presiden Obama signed ino law law..41 W While hile he new law represened represened a criical sep orward or vicims o pay pay discriminaion, discriminaion, is purpose was o regain regain ground ground los in 2007 raher han han ocus on oher changes ha could be aken o improve or srenghen exising law. In an effor o mue criicism or no supporing any equal pay proposals, several Republican lawmakers have have also pu orward or ward pay equiy bills over he pas wo years ha are ar more limied in scope han he Fair Pay Ac or Paycheck Fairness Ac. In 2015, Sen. Deb Fischer (R-NE) inroduced he Workplace Advancemen Ac, 42 or WAA, and Sen. Kelly Ayote (R-NH) inroduced he Gender Advancemen in Pay Ac, or GAP Ac,43 as he wo main alernaives.44 Te Workplace Workplace Advancemen Ac ocuses exclusively on providing proecions agains realiaion o employees who discuss pay inormaion, bu he proecions are limied only o hose who can show ha hey were gahering he inormaion or purposes o deermining wheher heir employer is providing equal pay or equal work.45 So i is unclear wheher employees who are simply having a conversaion abou salaries in he workplace would would be covered by hese proecions. proecions. Te GAP Ac is a more exensive bill ha includes proecions agains realiaion or discussions abou pay, would limi he affirmaive deenses available o employers in pay discriminaion cases, and would increase penalies or violaions. As writen, w riten, however, he bill raises several concerns: Te realiaion provision saes ha i canno be waived bu permis he proecion proecion o be superseded superseded in specific circumsances, circumsances, such as a severance agreemen or a setlemen. Tis ype o excepion could sill lead o coercion or employees eeling pressured o give up proecions ha hey migh need. Furhermore, he increased penalies may sill no be sufficien o deer bad conduc. Imporanly, Imporanly, he bill also lacks provisions o srenghen srenghen civil righs enorcemen or provide provide or greaer pay ransparency and accounabiliy hrough disclosure o pay daa by employers.
Executive action
Te sandoff a he congressional level nowihsanding, he Obama adminisraion has aken several execuive acions o address conribuors o he wage gap�including discriminaion, undervalued jobs, and inadequae work-amily policies. While consrained by congressional approval, he presiden does have powers delegaed by he U.S. U. S. Consiuion and saue o direc he work o he ederal governmen. Consisen Consisen wih ha auhoriy, he adminisraion has has ocused on srenghening srenghening policies covering covering
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Center for American Progress | Next Steps for Progress on Equal Pay
ederal workers and ederal conracors, which receive axpayer ax payer dollars o perorm work or he ederal ederal governmen. On he heels o signing he Ledbeter Ac, Presiden Obama coninued o ackle pay discriminaion by issuing execuive orders covering ederal conracors o require more pay ransparency ransparency,, reduce pay secrecy, and prohibi realiaion when workers discuss heir pay. pay.46 Presiden Obama Obama has also ocused on improving wages in low-wage jobs, which are disproporionaely held by Arican American women and Lainas. Te presiden pushed Congress o raise he ederal minimum wage;47 he also ook acion himsel, issuing i ssuing an execuive order raising he minimum wage or workers on ederal conracs o a leas $10.10 per hour.48 Meanwhile, he U.S. U.S. Deparmen o Labor issued regulaions closing a legal loophole ha had excluded home care workers�mosly women and ofen women o color�rom color�rom minimum-wage minimum-wage proecions proecions or decades.49 Finally, he Obama adminisraion has worked o srenghen work-amily policies � Finally, rom providing grans o saes o help hem explore poenial paid leave policy soluions o public saemens by he presiden urging Congress o adop comprehensive proposals or paid amily leave and paid sick days�ha would enable more women o ener or say in he workorce wihou puting heir amilies a risk.50 Presiden Obama also issued an execuive order requiring ederal conracors o provide paid sick days o workers on ederal conracs and direcives o help expand ederal workers’ access o paid amily leave and flexible work-amily policies. 51
A roadmap for change Policymakers could move beyond he parisan rheoric and salemae o make progress on boh securing equal pay and closing he wage gap. A comprehensive approach requires argeed work on muliple rons: rons: combating workplace discriminaion; raising wages in he lowes-wage lowes-wage occupaions, where women women disproporionaely work; promoing work-lie policies such as paid leave ha enable workers o care or heir amilies and remain in he workorce; and expanding ex panding access o higher-paying jobs. Tere are specific policy soluions ha policymakers can pursue o srenghen equal pay proecions, including: • Promoing greaer greaer pay ransparency so ha employees have he inormaion hey need • Requiring pay disclosure by employers o promoe greaer accounabiliy • Refining he undersanding o wha consiues equal work o beter reflec he realiies o he workplace • Ensuring pay decisions are business- or job-relae job-relaedd
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Center for American Progress | Next Steps for Progress on Equal Pay
• argeing enorcemen enorcemen effors a specific indusries wih w ih higher pay dispariies • Underaking specific research on racial and ehnic pay dispariies • Providing workers wih a righ o reques specific inormaion abou heir pay or company pay pracices • Requiring he posing o salary ranges Furhermore, pursuing broader economic securiy policies, such as increasing he minimum wage and adoping paid sick days and paid amily leave, can level he playing field or workers wih caregiving caregiv ing responsibiliies and give hem he bes chance o remain in he workorce. Tese are commonsense, workable sraegies ha can make a real difference in he lives o working amilies across he counry.
Combatting pay discrimination in the workplace
In addiion o addressing acors ha conribue o he gender wage gap, policymakers should prioriize he ollowing o srenghen equal pay proecions and enorcemen ools. Transparency in pay practices
oo ofen, workers ace barriers when rying r ying o uncover illegal pay pracices or pay dispariies. Some work in workplaces where discussions abou pay are prohibied, making i harder o ideniy problems when hey occur. Even Even wihou such a policy, polic y, decisions abou pay are ofen made behind closed doors doors wih litle visibiliy. visibi liy. Adoping specific proecions proecions ha prohibi pay pay secrecy rules and clearly clearly sae ha workworkers can discuss heir pay wihou ear o reprisal would be an imporan sep or ward. Such proecions would help srenghen workplaces by providing greaer ransparency in employer pay pracices, reducing conusion and misinormaion, and enabling workers make more inormed decisions. Tese proecions should be available o all workers�wih some accommodaion or siuaions in which he naure o heir job requires confidenialiy,, such as human resources proessionals�and no reaed as negoiable confidenialiy perks o be circumven circumvened ed or reserved or a selec ew. Accou Acc ount ntabi abi lit y thr throu ough gh dis cl clos osure ure
Measures o promoe accounabiliy in pay decision-making can help incenivize Measures employers o be more vigilan and review heir own pay pracices, which would in urn advance airer pay. pay. Employers ofen are bes posiioned o ideni y pay dispariies wihin w ihin heir workplaces and ake correcive acion quickly when needed o ensure uniormiy and consisency. consisency. Measures such as requiring employers o repor heir pay daa o
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Center for American Progress | Next Steps for Progress on Equal Pay
enorcemen officials on a regular basis or posing saring salaries or salar y ranges in job announcemens announcemen s could help hold employers accounable by esablishing clear guidelines g uidelines and benchmarks or evaluaing heir pay processes. Business- or job-related reasons for pay decisions
I is essenial o ensure ha employers base pay decisions on sound, business-relaed reasons. Allowing employers o jusiy pay dispariies wihou having o provide a jobrelaed raionale means means ha employers can erec obsacles o air pay ha are unnecessary or unrelaed o a paricular job or he employer’ employer’ss business. While employers need he discreion o make hiring and pay decisions in accordance wih heir own pracices, hey also should ake seps o ensure heir pay decisions are no based on arbirary acors unrelaed o a job or business. For example, a worker’s prior salary may have nohing o do wih he qualificaions needed or a paricular job. I prior salary is i s used o jusiy paying a male applican more han a emale applican, long-sanding pay dispariies can perpeually relega relegaee women o lower salaries. Tere are specific seps polic ymakers can ake o address hese problems, such as enacing provisions ha would ighen exising law by requiring employers o have a business- or job-relaed reason or a pay dispariy and limiing he use o prior salary when making an employmen decision. Limiing he use o such inormaion and closing loopholes creaed by overbroad inerpreaions inerpreaions o he permissible jusificaions or pay differences allowed under exising law could help reduce arbirary pay differences unrelaed o he job. Protection against retaliation and adverse employment actions
Workers should no be penalized or discussing Workers discussing or inquiring abou heir pay. pay. Alhough realiaion is generally prohibied under curren laws, such as ile VII, and in some insances, workplace rules ha prohibi pay discussions may vi olae exising laws such as he Naional Labor Relaions Ac, workplace culure ofen discourages workers rom raising quesions abou heir pay and osers a culure o secrecy and reprisals. Given his environmen, policymakers should ake acion o clariy and srenghen exising realiaion proecions o sae clearly ha such proecions exend o he variey o siuaions in which pay may be discussed in he workplace and mus be comprehensive and no subjec o waiver. Moreover, Moreover, policymakers should esablish clear, robus penalies w ih enorcemen mechanisms mechanisms o make his proecion a orceul, effecive deerren. Recognition of the barriers faced by diverse groups of workers
Pay dispariies disproporionaely affec several communiies wih unique barriers. For Pay example, racial and ehnic pay differences, which affec people o color regardless o gender,, are ofen larger han he pay differences based on gender, ye racial/ehnic wage gender gaps ofen receive less scruiny and analysis. Research has also revealed pay dispariies aced by mohers, people wih disabiliies, and lesbian, gay, bisexual, and ransgender, ransgender, or 52 LGB,, workers. LGB wo rkers.
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Center for American Progress | Next Steps for Progress on Equal Pay
Tus, any equal pay reorm should include provisions o ackle hese ypes o pay dispariies head on, regardl regardless ess o race, ehniciy, ehniciy, economic sanding, disabiliy, sexual orienaion or gender ideniy, or oher acors. Policymakers should ake seps such as requiring more disaggregaed disaggregaed daa analysis o ideniy populaions wih he larges pay dispariies wihin specific occupaion occupaionss or indusries, underaking greaer greaer educaion and raining o comba persisen sereoypes ha may affec pay decisions, and argeing enorcemen enorcemen effors in cerain cer ain occupaions and indusries where dispariies are mos pronounced. Equal treatment of workers who do equal work in different settings or jobs
Te inen o exising exi sing equal pay proecions is o ensure ha all workers receive equal pay or equal work. In pracice, he principle o equal pay or equal work should no mean ha he jobs in quesion mus have exacly he same name or ake place in exacly he same locaion. Jobs may be equal in erms o he work and skills required bu have differen iles or labels; employees working or he same employer could be doing he same work bu in differen locaions. Judges should no inerpre i nerpre he h e law so narrowly narrow ly ha workers worker s who are peror perorming ming equal work are noneheless reaed differenly differenly because o labels or oher disincions ha migh no make sense in oday’s echnologically sophisicaed and advanced workplaces. Policymakers, Polic ymakers, meanwhile, meanw hile, should sh ould ocus on o n ensuring ha ha similarly similar ly siuaed employees are reaed equally by heir employers. Tis could mean adoping provisions ha make clear ha he concep o equal work mus be measure measuredd holisically o encompass workers who perorm he same asks bu under differen job iles or in differen locaions. locaions. Investment in robust enforcement efforts
Srenghening enorcemen is criical o making he law’s promise o equaliy a Srenghening realiy or all workers. Te key agencies charged wih enorcemen o exising equal pay proecions a he ederal level�such as he Equal Employmen Opporuniy Commission, or EEOC, and U.S. Deparmen o Labor�ofen have limied resources o invesigae discriminaion claims, underake argeed enorcemen effors, and ensure compliance. For example, since fiscal year 2011, he EEOC has seen is saffing levels flucuae due o a hiring reeze, sequesraion, and he ederal governmen shudown. Alhough Alhough i is now able o underake new hiring, is saffing is sill below 2011 levels.53 Furhermore, oher agencies also may be able o play an imporan role and bring added resources o ederal enorcemen effors. For example, policymakers could explore ways ha he Securiies and Exchange Commission can promoe greaer ransparency o employer pay pracices. Increased resources allocaed o enorcemen aciviies combined wih more comprehens enorcemen comprehensive ive reporing o enorcemen acions and oucomes could help improve employer pracices, deer bad conduc, and roo ou problems when hey occur.
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Center for American Progress | Next Steps for Progress on Equal Pay
Furhermore, greaer resources could be used o reinvigorae effors o ackle longsanding, persisen barriers o women’s advancemen in senior- and enry-level jobs� ofen reerred o as he glass ceiling and he sicky floor. Increasing Increasing he number o argeed compliance compliance reviews o ederal conracors by he U.S. Deparmen o Labor’s Office o Federal Conrac Compliance Programs�or example, o ocus specifically raes o promoion in upper-level managemen jobs or movemen rom enry- o midlevel jobs�could help isolae specific problems and break down occupaional barriers ha have limied opporuniies or women. Empowering workers
Policies should seek o empower workers so ha hey are beter posiioned o evaluae heir opions and make decisions or hemselves. Esablishing a righ-o-reques policy ha enables workers o reques cerain inormaion abou a job when an offer is made� such as he salary range or a summary o he employer’s employer’s pay policies, including measures used o deermine salary increases and ex peced promoional opporuniies�could help ensure ha workers are beter inormed abou how pay decisions are made and uure pay opporuniies. Promoting state innovation and voluntary efforts
Pursuing progress on equal pay should include suppor or boh mandaory and volunary effors. Everybody�rom Everybody�rom employers and policymakers o even employees employees hemselves�can and should play a role in creaing a level playing field or all and ensuring ha workers are paid airly. Tere are employers and local communiies ha have aken concree seps o improve heir pay pracices and eliminae unair pay dispariies. Successul employers such as Salesorce and Te Gap have underaken effors o evaluae he salaries wihin heir workorces and make adjusmens, where necessary, o ensure employees are paid airly.54 Supporing such effors�or example, ex ample, by providing grans or research, supporing sae exploraion o poenial innovaive iniiaives, or lifing up and celebraing employer bes pracices�can help exend he reach o good pracices and encourage change.
Closing the gender wage gap
While ani-discriminaion measures are an an imporan piece o he earnings earnings puzzle, policymakers mus go arher o address he liany o acors ueling ueling he gender wage gap. Te acs ha women disproporionaely work in jobs ha pay lower wages, work ewer hours han men, and assume many o he caregiving responsibiliies in heir amilies are among he acors ha conribue o women’s lower earnings.55 Acion seps could include he ollowing.
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Center for American Progress | Next Steps for Progress on Equal Pay
Raising the minimum wage
Women disproporionaely Women disproporionaely work in low-wage low-wage jobs and and make up almos wo-hirds o minimum-wagee workers.56 A he same ime, women are increasingly are aking on minimum-wag greaer responsibiliy o provide economic suppor o heir amilies. Ar ican American women and Lainas, Lainas, in paricular, paricular, are more likely likely o be sole breadwinners breadwinners in heir ami57 lies, as well as minimum-wage workers. Tus, finding ways o improve he wages o low-wage workers could have an enormous impac on low-income women and heir amilies. R aising he ederal minimum wage o a leas $10.10 per hour or higher would be an imporan sep orward. or ward. Addiionally, Addiionally, raising he minimum wage o ipped workers�workers who receive ips as par o heir wages and are disproporionaely women women o color�is color�is also criical. Te curren minimum wage or ipped workers sands a $2.13 per hour, which is wholly inadequae or workers rying o make ends ends mee.58 Expanding work-family policies
Women ofen work ewer hours han men, in par because Women because hey spend more more ime ou o he workorce or caregiving reasons. Te ac ha women are more likely o ake on he caregiving responsibiliies wihin heir amilies can make hem arges or unair reamen and limi heir job opporuniies. oppor uniies. Policies ha improve women’s women’s abiliy o move in and ou o he workorce, provide care o heir amilies amilies when needed, and reain heir jobs would significanly significanly boos heir earnings. earnings. For example, workplace policies ha enable workers o ake ime off o care or heir amilies wihou sacrificing heir incomes are crucial. Policymakers should esablish a naional program o provide paid amily and medical leave, 59 requiring employers o pro vide a minimum number number o paid sick days days per year, year, and limi limi he abiliy o employers o o engage in unpredicable scheduling pracices. Such policies would allow more workers o move in and ou o he workorce o care or heir amilies, as well as promoe greaer reenion o alened employees. Improving women’s access to higher-paying occupations
Women hisorically have Women have been concenraed concenraed in jobs jobs ha have have high numbers o emale emale workers and persisenly persisenly low wages. wages. One sraegy sraegy or improving women’ women’s wages is o expand opporuniies or women in higher-paying, radiionally male-dominaed occupaions�such as science and echnical jobs. argeed invesmens o expand access o raining can help women acquire and build new skills ha beter posiion hem or higher-paying opporuniies and offer greaer mobiliy. Addiionally, Addiionally, underaking argeed effors o improve he overall qualiy o low-wage jobs and o work wih employers o creae pahways pahways or workers o move up ino mid-level and supervisor y posiions is essenial. oo oo many women remain suck in low-wage jobs wih no opporuniy oppor uniy or advancemen.
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Center for American Progress | Next Steps for Progress on Equal Pay
Conclusion Americans should expec our policymakers policymakers o ake concree concree seps o o uphold he naion’ naion’s commimen o equaliy and airness. Te concep o equal pay or equal work mus be more han jus jus words on a page; i requires requires serious enorcemen enorcemen o ensure ensure ha he promise o he law is made a realiy or all. Women are increasingly breadwinners whose amilies rely on heir hei r income o make ends mee. Promoing equal pay and closing he wage gap are boh criical prioriies; addressing hem will boos women’ women’s ull paricipaion in he workorce and srenghen working amilies. Comprehensive policy soluions o promoe greaer airness in he workplace, eliminae discriminaory pay pracices, srenghen equal pay proecions, and reduce pay dispariies are essenial o ensure ha all al l workers are paid airly. Reorms ha ake ino accoun he many differen acors ha conribue o he wage gap�as well as enable workers o remain in he workorce and earn higher wages�would promoe he economic sabiliy o all working amilies. Ensuring equal pay or equal work and closing he wage gap are boh imporan prioriies ha call or real real acion�no jus jus rheoric. Jocelynn Frye Jocely Frye is a Senior Senior Fello Fellow w a he Cener Cener for Americ American an Progre Progress, ss, where where her work work focu focuses ses on on a wide range of women’s issues, including work-family balance, pay equiy, and women’s leadership.
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Center for American Progress | Next Steps for Progress on Equal Pay
Endnotes 1 U.S. Equal Employment Employment Opportunity Commission, “Checkers Franchise Will Pay $100,000 to Settle EEOC Pay Discrimination Lawsuit,” Press release, April 2, 2014, available at http://www1.eeoc.gov//eeoc/newsroom/release/4-2-14. cfm?renderforprint=1.. cfm?renderforprint=1 2 U.S. Equal Employment Opportunity Commission, “NFI Roadrail and NFI Industries to Pay $45,000 to Settle EEOC Pay Discrimination Suit,” Press release, March 14, 2016, available at http://www1.eeoc.gov//eeoc/newsroom/release/314-16a.cfm?renderforprint=1.. 14-16a.cfm?renderforprint=1
15 51 percent of women and 47 percent of men surveyed stated that discussions about pay were discouraged or prohibited at their wo rkplaces. Institute for Women’s Policy Research, “Pay Secrecy and Wage Disc rimination” (2014), (2014), available at http://www.iwpr.org/publications/pubs/paysecrecy-and-wage-discrimination-1.. secrecy-and-wage-discrimination-1 16 Deborah Thompson Eisenberg, “Stopped at the Starting Gate: The Overuse of Summary Judgment in Equal Pay Cases,” New York Law School Law Review 57 57 (4) (2013): 815. 17 29 U.S.C. §206(d)(1).
3 U.S. Equal Employment Opportunity Commission, “Forrest “Forrest City Grocery Company To Pay $125,000 To To Settle EEOC Sex Discrimination Suit,” Press release, August 24, 2011, availa ble at http://www.eeoc.gov/eeoc/newsroom/release/8-24-11. cfm. See cfm. See also Amanda McMillan, “Pay Discrimination Against Women,” Center for American Progress, April 7, 2014, available at http://www.c-span.org/video/?318718-1/paydiscrimination-women.. discrimination-women 4 Carmen DeNavas-Walt and Bernadette D. Proctor, Proctor, “Income and Poverty in the United States: 2014” (Washington: Bureau of the Census, 2015), Figure 2, available at https:// www.census.gov/content/dam/Census/library/publications/2015/demo/p60-252.pdf. 5 Unpublished calculations based on a review of median earnings of full-time workers broken down by race, gender, and ethnicity. Bureau of the Census, “Table PINC-01. Selected Characteristics of People 15 Years and Over, by Total Money Income in 2014, Work Experience in 2014, Race, Hispanic Origin, and Sex,” available at https://www.census.gov/ at https://www.census.gov/ hhes/www/cpstables/032015/perinc/pinc01_000.htm (last hhes/www/cpstables/032015/perinc/pinc01_000.htm (last accessed March 2016); National Women’s Law Center, “Wage “Wage Gap for African American Women—State Rankings” (2015), (2015), available at http://nwlc.org/wp-content/uploads/2014/10/ State-by-State-Wage-Gap-African-American-Women.pdf; National Women’s Law Center, “Wage Gap for Native American Women—State Rankings” (2015), available at http:// nwlc.org/wp-content/uploads/2015/12/Native-AmericanWomen-Wage-Gap-2015.pdf ; National Women’s Law Center, “Wage Gap for Latinas—State R ankings” (2015), (2015), available at http://nwlc.org/wp-content/uploads/2015/12/State-byState-Wage-Gap-Latinas.pdf. 6 Bureau of the Census,“Table PINC-01. PINC-01. Selected Characteristics of People 15 Years and Over, by Total Money Income in 2014, Work Experience in 2014, Race, Hispanic Origin, and Sex”; National Women’s Law Center, “Equal Pay for Asian American Women” (2016), (2016), available at at http://nwlc.org/ http://nwlc.org/ wp-content/uploads/2015/04/NEW_Equal-Pay-for-AsianAmerican-Women.pdf . 7 Equal Equal Pay Pay Act of Act of 1963 1963, 29 U.S.C. §206(d). 8 Title VII VII of of the the Civil Civil Rights Rights Act Act of of 1964 1964, 42 U.S.C. §2000e, et. seq. 9 Equal Act of Act of 1963 1963, 29 U.S.C. §206(d) (1). 10 Ibid. 11 U.S. Equal Employment Opportunity Commission, “EEOC Title VII Wage Charges Charges FY 2009 through FY 2013” (2014), unpublished tables provided on fil e with author. 12 Ibid. 13 Most laws specify who is covered by a particular law and must comply with its provisions. For example, Title VII states that employers with 15 or more employees are subjec t to the law’s requirements. See Title VII , 42 U.S.C. §2000e(b). 14 Francine D. Blau and Lawrence M. Kahn, “The Gender Pay Gap: Have Women Gone as Far as They Can?”, Can?”, Academy of ManagementPerspectives 21 (1) (2007): 7–23, Table 1.
18 See, for for example, Equal Employment Opportunity Commission v. Port Authority of New York and New Jersey , (2nd Cir. 2014), available at http://caselaw.findlaw.com/us-2ndcircuit/1679235.html.. circuit/1679235.html 19 Ibid. See also National Women’s Law Center, Center, “Closing the ‘Factor Other Than Sex’ Loophole in the Equal Pay Act” (2011), available at http://www.nwlc.org/sites/default/files/ pdfs/4.11.11_factor_other_than_sex_fact_sheet_update. pdf . 20 See, for example, Thomson Reuters Foundation and and The Rockefeller Foundation, “The 5 key issues facing women in the G20,” available at http://www.womenatworkpoll.com/ (last accessed April 2016); AFL-CIO, “Our Voices: Voices: A Snapshot of Working Women” (2016), (2016), available at at http://www.aflcio. http://www.aflcio. org/content/download/174712/4156596/version/3/ file/1662_WWSurvelReport2_webready.pdf . 21 This poll surveyed 9,500 women in the 19 member countries in the G-20. Thomson Reu ters Foundation and The Rockefeller Foundation, “The 5 key issues facing women in the G 20.” 22 Blau and Kahn, “The Gender Pay Gap: Have Women Gone as Far as They Can?” 23 Ibid.; Francine D. Blau and and Lawrence M. Kahn, “The Gender Wage Gap: Extent, Trends, and Explanations.” Discussion Paper 9656 (Institute for the Study of Labor, 2016), available at http://ftp.iza.org/dp9656.pdf; at http://ftp.iza.org/dp9656.pdf; Claudia Claudia Go ldin, “A “A Grand Gender Convergence: I ts Last Chapter,” American Economic Economic 104 (4) (2014): 1091–1119, available at http://scholar. Review 104 harvard.edu/files/goldin/files/goldin_aeapress_2014_1. pdf?m=1401372863.. pdf?m=1401372863 24 Blau and Kahn, “The Gender Pay Gap: Have Women Gone as Far as They Can?” 25 Andrew Chamberlain, “Demystifying “Demystifying the Gender Pay Gap” (Mill Valley, Valley, CA: Glassdoo r, 2016), available at https://research-content.glassdoor.com/app/uploads/ sites/2/2016/03/Glassdoor-Gender-Pay-Gap-Study.pdf. 26 Goldin, “A Grand Gender Convergence.” 27 Cynthia Costello and Ariane Hegewisch, “The Gender Wage Gap and Public Policy” (Washington: Institute for Women’s Policy Research, 2016). 28 Mark J. Perry, “New BLS report on women’s earnings: Most of the 17.9% gender pay gap in 2013 is explained by age, marriage, hours worked,” American Enterprise Institute, December 9, 2014, available at http://www.aei.org/publicaat http://www.aei.org/publication/new-bls-report-womens-earnings-17-9-gender-paygap-2013-explained-age-marriage-hours-worked/;; June gap-2013-explained-age-marriage-hours-worked/ O’Neill, “Race and gender wage gaps: Discrimination still to blame?”,, American Enterprise I nstitute, April 9, 2013, availblame?” able at http://www.aei.org/publication/race-and-genderat http://www.aei.org/publication/race-and-genderwage-gaps-discrimination-still-to-blame/.. wage-gaps-discrimination-still-to-blame/ 29 Blau and Kahn, “The Gender Pay Gap: Have Women Gone as Far as They Can?” 30 Sarah Jane Glynn and Jane Farrell, “Family Matters: CaregivCaregiving in America” (Washington: Center for American Progress, 2014), available at https://cdn.americanprogress.org/wpcontent/uploads/2014/02/Caregiving-brief.pdf .
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31 Blau and Kahn, “The Gender Wage Wage Gap: Extent, Trends, Trends, and Explanations.” 32 Sarah Jane Glynn, “Explaining the Gender Wage Wage Gap” (Washington: Center for American Progress, 2014), available at https://cdn.americanprogress.org/wp-content/uploads/2014/05/WageGapBrief1.pdf . 33 Fair Pay Act of 2015, H.R. 1787, 114 Cong. 1 sess. (Government Printing Office, 2015), available at https://www. congress.gov/114/bills/hr1787/BILLS-114hr1787ih.pdf . The Fair Pay Act was first introduced in 1994. 34 Paycheck Fairness Act , S. 862, 114 Cong. 1 sess. (Government Printing Office, 2015), available at https://www.gpo.gov/ fdsys/pkg/BILLS-114s862is/pdf/BILLS-114s862is.pdf . The Paycheck Fairness Act was first introduced in 1997. 35 Fair Pay Act of 2015, H.R. 1787, §3(a). 36 Paycheck Fairness Act , S. 862. 37 Ledbetter v. Goodyear Tire and Rubber Company , 550 U.S. 618 (2007). 38 Lilly M. Ledbetter v. The Goodyear Tire & Rubber Company, Inc., 550 U.S. 618, 654–55 (2007) (Ginsburg, J., dissenting), available at https://www.law.cornell.edu/supct/pdf/05-1074P.ZD. 39 Lori Montgomery, “Senate Republicans Block Pay Disparity Measure,” The Washington Post , April 24, 2008, available at http://www.washingtonpost.com/wp-dyn/content/article/2008/04/23/AR2008042301553_pf.html.. ticle/2008/04/23/AR2008042301553_pf.html 40 Carl Hulse, “Republican Senators Senators Block Pay Discrimination Measure,” The New York Times, April 24, 2008, available at http://www.nytimes.com/2008/04/24/washington/24cong. html?_r=0.. html?_r=0 41 Lilly Ledbetter Fair Pay Act of 2009 , Public Law 111-2, 123 Stat. 5, 111th Cong., 1st sess. (January 29, 2009), available at https://www.gpo.gov/fdsys/pkg/PLAW-111publ2/pdf/ PLAW-111publ2.pdf . 42 Workplace Advanceme Workplace Advancement nt Act Act , S. 2200, 114 Cong. 1 sess. (Government Printing Office, 2015), available at https:// at https:// www.gpo.gov/fdsys/pkg/BILLS-114s2200pcs/pdf/BILLS114s2200pcs.pdf . 43 Gender Advancement Advancement in in Pay Act Act , S. 2070, 114 Cong. 1 sess. (Government Printing Office, 2015), available at https:// at https:// www.congress.gov/114/bills/s2070/BILLS-114s2070is.pdf . 44 In addition to the bills introduced by Sen. Sen. Fischer and Sen. Ayotte, Sen. Dean Heller (R-NV) also introduced a bill that has received less attention: End Pay Discrimination Through Information Act , S. 83, 114 Cong. 1 sess. (Government Printing Office, 2015). 45 Workplace Advancement Act , S. 2200, §2. 46 The White House, “Executive Order – Non-Retaliation for Disclosure of Compensation Information,” Press Press release, April 8, 2014, available at https://www.whitehouse.gov/thepress-office/2014/04/08/executive-order-non-retaliationdisclosure-compensation-information.. disclosure-compensation-information
50 U.S. Department of Labor, “Department awards $1.55m to study paid family, medic al leave implementation,” Press Press release, September 29, 2015, available at http://www.dol.gov/ opa/media/press/wb/WB20151927.htm;; The White House, opa/media/press/wb/WB20151927.htm “Remarks by the President in State of the Union Address,” Press release, January 20, 2015, available at https://www. whitehouse.gov/the-press-office/2015/01/20/remarkspresident-state-union-address-january-20-2015.. president-state-union-address-january-20-2015 51 The White House, “Executive Order – Establishing Paid Sick Leave for Federal Contractors,” Press release, September 7, 2015, available at https://www.whitehouse.gov/the-pressoffice/2015/09/08/executive-order-establishing-paid-sickleave-federal-contractors. 52 Michelle Yin, Dahlia Shaewitz, and Mahlet Megra, “An Uneven Playing Field: The Lack of Equal Pay for People with Disabilities” (Washington: American Institutes for Research, 2014), available at http://www.air.org/sites/ default/files/Lack%20of%20Equal%20Pay%20for%20 People%20with%20Disabilities_Dec%2014.pdf ; American Association of University Women, “The Simple Truth About the Gender Pay Gap” (2016), available at http://www.aauw. at http://www.aauw. org/files/2016/02/SimpleTruth_Spring2016.pdf; Crosby org/files/2016/02/SimpleTruth_Spring2016.pdf; Crosby Burns, “The Gay and Transgender Wage Gap: Many Workers Receive Less Pay Due to Sexual Orientation and G ender Identity Discrimination,” Center for American Progress, April 16, 2012, available at https://www.americanprogress.org/ at https://www.americanprogress.org/ issues/lgbt/news/2012/04/16/11494/the-gay-and-transgender-wage-gap/.. der-wage-gap/ 53 U.S. Equal Employment Employment Opportunity Commission, Fiscal Year 2013 Congressional Budget Justification (2012), available at https://www.eeoc.gov/eeoc/plan/2013budget.cfm at https://www.eeoc.gov/eeoc/plan/2013budget.cfm;; U.S. Equal Employment Opportunity Commission, Fiscal Year 2017 Congressional Budget Justification (2016), available at https://www.eeoc.gov/eeoc/plan/2017budget.cfm. 54 Cindy Robbins, “Equality at Salesforce: The Equal Pay Assessment Update,” March March 8, 2016, available at https://www. salesforce.com/blog/2016/03/equality-at-salesforce-equalpay.html;; Samantha Masunaga, “Gap says audits show its pay.html workers get equal pay for the same work,”Los Angeles Times, November 27, 2015, available at http://www.latimes.com/ at http://www.latimes.com/ business/la-fi-gap-fair-pay-20151127-story.html. 55 Blau and Kahn, “The Gender Wage Wage Gap: Extent, Trends, Trends, and Explanations.” 56 Vogtman and Gallagher Robbins, “Fair Pay for Women Requires a Fair Minimum Wage.” 57 Julie Vogtman, Katherine Gallagher Robbins, and Stephanie Román, “Fair Pay for Latinas Requires a Fair M inimum Wage” (Washington: (Washington: National Council of La Raza and National Women’s Law Center, 2015), available at http:// at http:// nulwb.iamempowered.com/sites/nulwb.iamempowered. com/files/Fair%20Pay%20for%20Latinas%20Requires%20 a%20Fair%20Minimum%20Wage.pdf ; Julie Vogtman, Katherine Gallagher Robbins, and Suzanne Bergeron, “Fair Pay for African American Requires a Fair Minimum Wage” (Washington: National Urban League and National Women’s Law Center, 2015), available at http://nwlc.org/wp-content/ at http://nwlc.org/wp-content/ uploads/2015/08/fair_pay_for_african_american_women_ requires_a_fair_minimum_wage.pdf . 58 Fair Labor Standards Act , 29 U.S.C. §203(m).
47 Julie Vogtman and Katherine Gallagher Robbins, “Fair Pay for Women Requires a Fair Minimum Wage” (Washington: National Women’s Law Center, 2015), available at http:// nwlc.org/wp-content/uploads/2015/08/fair_pay_for_women_requires_a_fair_minimum_wage_may_2015.pdf . 48 The White House, “Executive Order – Minimum Wage for Contractors,” Press release, February 12, 2014, available at https://www.whitehouse.gov/the-press-office/2014/02/12/ executive-order-minimum-wage-contractors.
59 Sarah Jane Glynn, “Administering Paid Paid Family and Medical Leave: Learning from International and Domestic Examples” (Washington: Center for American Progress, 2015), available at https://www.americanprogress.org/issues/labor/ at https://www.americanprogress.org/issues/labor/ report/2015/11/19/125769/administering-paid-family-andmedical-leave/.
49 U.S. Department of Labor, “Application of the Fair Labor Standards Act to Domestic Service,” October 1, 2013, available at http://webapps.dol.gov/FederalRegister/HtmlDisplay.aspx?DocId=27104&AgencyId=14&DocumentType=2.
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Center for American Progress | Next Steps for Progress on Equal Pay