Next Steps for Progress on Equal Pay

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Next Steps for Progress Progr ess on Equal Pay By Jocelyn Frye

April 12, 2016

 A as-ood resauran resauran in Philadelphia Philadelphia paid is emale emale shif managers managers and cashiers less han men in he same jobs, even hough hey were doing subsanially equal work, and gave he male workers he preerred job assignmens and schedules so ha he emale  workers ended up wih ewer hours.1 A exas ransporaion company paid a emale operaions direcor less han hree male operaions direcors; when she was assigned o replace one o he men afer he lef he company, company, she came across his hi s pay sub and dis2 covered ha he had been receiving a higher salary.  A woman was old by her Mississippi employer ha she could no move ino one o he company’s higher-paying sales jobs exclusively held by men�even hough she was perorming 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 moher i she ook ook he job because because i would require require her o ravel. ravel.3 For many workers, hese sories hi close o home. Employees�mos Employees�mos ofen women bu someimes men�have an inkling ha hey are being paid less han someone else doing he same ype y pe o job. In some insances, such as he cases above, employees can successully pursue charges o discriminaion, vindicae heir r ighs, and receive compensaion or he money hey should have been receiving in i n heir paychecks. oo oo ofen, however,  workers are uncerain: uncerain: Tey lack enough enough inormaion o know wha ohers earn, earn, leaving hem o wonder wheher hey are being paid unairly. Te resul is ha he employees� unwilling o risk ri sk heir jobs by complaining� complaining�coninue coninue o work bu remain rusraed r usraed and even demoralized or angry. Mos imporanly, imporanly, heir siuaions 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 cornersone o he naion’s commimen o equaliy, airness, and ensuring ensuring ha every worker has a air chance o succeed in he  workplace. Bu long-sanding long-sanding pay dispariies coninue o suppress suppress he earnings o oo many women, undermining heir amilies’ economic securiy and impairing i mpairing heir longerm financial sabiliy.

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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  beween women’ women’s and men’ men’s average average earnings�as he mos mos visible illusraion o pay inequaliy.. Te gap currenly sands a 21 cens; women earn only 79 cens or every inequaliy dollar earned by men. 4 Tis gap is even larger or women o color: Arican American  women earn 60 cens or every dollar earned by whie men, while Naive Naive American 5  women and Lainas Lainas earn only 59 cens and 55 cens, respecively respecively..  Asian American  women earn 84 cens or every dollar earned by whie men; however, however, ha ha figure varies  widely by subgroup�among subgroup�among Vienamese Vienamese women, or example, i is only 62 cens.6 Forunaely, here are measures ha policymakers can ake o esablish air pay pracForunaely, ices, comba pay discriminaion, and close he wage gap. Bu o do so, hey mus have a clear undersanding o he underlying problems and he soluions ha could make a difference by improving workplace pracices. Tis issue brie explains he difference  beween he wage gap and equal equal pay or equal equal work, discusses recen recen effors o address address  boh issues, and lays lays ou prioriies 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 reorms reorms 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 dispariies requires a clear undersanding o he erms “equal “equal pay or equal work” and he “gender wage gap”�how hey are conneced and how hey are differen. Te erms are no inerchangeable inerchangeable bu reflec disinc conceps wih w ih disinc challenges.

Different terms, different meanings Equal pay for equal work  describes  describes he legal principle ha underpins he

proecion agains discriminaion in pay. pay. Tis principle has been esablished by ederal employmen laws such as he Equal Pay Pay Ac, or EP EPA, A, o 1963 7�which prohibis sex-based discriminaion in wages�and ile ile VII o he Civil Civ il Righs Ac o 19648�which prohibis wage discriminaion based on acors including race, color, naional origin, and sex. Tese laws require ha employers pay employees equally or perorming peror ming equal work�meaning work ha requires equal skill, effor, and responsibiliy and is perormed under similar working condiions9�excep in siuaions where he pay difference can be explained  by permissible acors such such as differences in senioriy.10

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Center for American Progress | Next Steps for Progress on Equal Pay

 Alhough he public conversaion conversaion 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 discriminaion charges are no filed exclusively by women; in ac, men brough approximaely one-hird o he charges filed under ile VII in fiscal year 2013.11 Ta same year, people o color filed more han hal o he pay discriminaion charges filed under ile 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 disinc, specific, and unchanging responsibiliy o adhere o anidiscriminaion requiremens and pay employees employees equally or equal work. The gender wage gap , by conras, is a broader concep. concep. I represens represens he difference difference

 beween women’ women’s and men’ men’s earnings and is driven by many many differen acors, acors, including  bu no limied o discriminaion.14 Facors such as differences in educaion, senioriy,  work hours, and experience all may conribue o he gender gender wage gap, gap, and he exisence o a gender wage gap may or may no reveal a broader problem or legal violaion.

Obstacles to overcome, challenges to address

 A closer analysis o how hese wo conceps play play ou in he real real world reveals reveals he challenges wih addressing hem. Te goal o ensuring equal pay or equal work and eliminaing pay discriminaion remains elusive, in par because pay discriminaion is hard o uncover.. Pay pracices are requenly uncover  requenly hidden rom view vi ew,, and employees ofen have litle access o pay inormaion. Similarly, discussions abou pay in he workplace are regularly discouraged or prohibied,15 which has a coercive effec on employees who have quesions or concerns abou heir hei r pay. pay. Even when employees gain inormaion ha confirms a problem exiss, hey can ace difficul legal hurdles i hey wan o complain. Cours have been overly sric in heir inerpreaions o wha acs are needed o esablish ha he jobs in dispue are air comparaors beore 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 elemens o a claim have  been me: ha he individual was paid unequally unequally compared o a person o he opposie sex and ha he jobs being compared consiue consiue equal work requiring “equal skill, effor, effor , 17 and responsibiliy, and which are perormed under similar working condiions.” condiions.”  Some cours have consrued his equal work requiremen so narrowly ha only cases in which he jobs are almos idenical are permited o move o rial, which leads o claims being premaurely premaure ly dismissed beore he acs can be evaluaed in conex.18  A he same ime, ime, cours have broadly broadly inerpreed he deenses available available o employers employers under he Equal Pay Ac�which employers can invoke o jusiy a pay dispariy�such as he “any acor acor oher han sex” deense, which allows employers o jusiy a pay dierenial as long as hey can say i was no explicily ex plicily based on sex. 19 All o hese barriers have made i difficul or individuals i ndividuals o challenge unequal pay pracices in cour, cour , even

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Center for American Progress | Next Steps for Progress on Equal Pay

hough suppor or equal pay requenly regisers as a op workplace prior iy.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 sems rom he wide variey o acors ha collecively affec  women’s labor orce paricipaion parici paion and overall earnings. Research has ound ha i is driven by muliple acors, rom measurable differences in work hours and levels o experience o less quanifiable bu no less impacul views on how cerain jobs or workers should be valued.22 Noed scholars Francine Blau and Claudia Goldin have writen exensively abou he muliaceed naure o he wage gap, documening is differen componens. 23 Blau and her co-auhor Lawrence Kahn analyzed he conribuors o wage differences and ound ha while nearly hal o he difference is due o he concenraions o men and women in  various occupaions occupaions and indusries, indusries, a significan significan percenag percenagee was due due o unexplained unexplained dierences, including poenial discriminaion. Alhough he precise size o his unexplained gap varies across differen sudies, heir research concluded ha 40 percen o he gap was unexplained. 24 Oher research reached a similar conclusion, finding ha one-hird o he  wage gap gap was unexplained unexplained..25 Goldin’s work has conneced gender pay differences o work hours: Women work ewer hours han men, in par because women ake on more caregiving responsibiliies a home and hus move in and ou o he workorce more requenly. 26 Teir research makes clear ha piecemeal approaches ha ail o address he acual acors driving dispariies in pay are shorsighed and may do litle o close he wage gap. Insead, policymakers mus ake a comprehensive, coordinaed approach.  Alhough equal pay pay and he wage wage gap are are disinc disinc conceps, conceps, hey are also inexricably linked� aking seps o achieve equal pay may help reduce he overall wage gap, and effors o close he wage gap may help promoe beter pay pracices ha lead o equal pay.27 In he curren discourse, criics ofen conflae equal pay and he gender wage gap, allowing hem o jusiy inacion on boh issues. Undersanding he differences beween he wo is criical o ensure ha boh prioriies receive he argeed atenion hey deserve and o make clear ha addressing one does no aler he need o address he oher.

Recent efforts to address the wage gap and equal pay  While policymakers policymakers across across pary lines lines are are ofen quick o voice voice heir suppor suppor or equal pay pay in principle, hey sharply disagree abou wha seps, i any, are needed o ensure equal pay in pracice. One reason or his impasse sems rom compeing views abou he relaionship beween equal pay and he gender wage gap. Some argue ha litle or no acion 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 exising pay dispariies are enirely explainable, due mosly o women’s choices, ime ou o he workorce, and reduced hours in comparison o men.28 For he proponens o his view, he impac o hese choices demonsraes ha discriminaion is a much smaller�or even negligible�acor conribuing 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 inervenion o srenghen enorcemen o equal pay laws or o oherwise help raise women’s earnings is unnecessary. Tis argumen largely ignores he broader body o research showing ha boh explained and unexplained acors�no jus women’s choices�influence he wage gap. 29 I also dismisses research exploring he impac o he lack o work-lie policies on all workers’ abiliy o move in and ou o he workorce or caregiving reasons.30 Tis subsanial  body o research research suggess ha ha he women’ women’s choices rame is oo narrow narrow and underincluunderinclusive o ully explain he wage gap or undersand is conours and ha policy inervenions could make a difference.31 Te argumen or inacion also glosses over he differences beween 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 mainain workplaces ree o pay discriminaion; his legal obligaion does no change simply because here may  be oher acors affecing affecing he wage gap. Te obligaion o comply wih ederal equal pay laws is a disinc, di sinc, sand-alone requiremen ha is no dependen on or reduced by  whaever oher acors acors may be affecing affecing wages. wages. Employers Employers are charged wih combating pay discriminaion in is enirey by closing all o he pay gap due o discriminaion. Te ac ha discriminaion may be only one piece o he overall wage gap puzzle does no diminish he need or robus enorcemen o equal pay laws or eliminae he need o examine wheher exising ex ising proecions are working or sronger proecions are needed.  Ye  Y e opponens o effors effors o address he wage wage gap rarely ocus on effors o o ensure vigorous enorcemen o equal pay laws. Supporers o policy inervenion argue ha pay differences are conneced o longsanding sereoypes, persisen undervaluing o so-called women’s work, and he lack o up-o-dae workplace policies ha enable workers o ulfill heir work and amily obligaions wihou sacrificing one or he oher.32 Tese advocaes poin o he need or sronger legal proecions o comba discriminaion, along wih w ih more robus, comprehensive work-amily policies o help promoe equal pay and close he wage gap. Tese compeing lines o argumen ofen are presened as calling or wo  wo disincly differen oucomes�acion oucomes� acion or inacion�which has resuled in virually v irually no consensus or movemen on meaningul equal pay legislaion a he naional level since he firs days o he Obama adminisraion. adminisra ion. Tis salemae does a disservice o he millions mil lions o workers who believe ha equal pay or equal work and air pay pracices are essenial workplace values and prevens acion ha could improve he economic sanding o amilies across he counry.

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Center for American Progress | Next Steps for Progress on Equal Pay

Congressional (in)action

 A he congressional level, he conversaion abou equal pay and he wage gap over recen years has largely consised o a war o words. Te exising laws ha have pro vided he ron-line equal pay proecions�he Equal Pay Pay Ac and ile VII�have  been on he books or more han 50 years. W hile hese laws have been insrumenal in helping o erode rigid pay barriers ha have unairly depressed women’s wages, heir ull impac has been bluned by he way cours have inerpreed he scope o he proecions 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 srenghen exising equal pay proecions. Among oher hings, he Fair Pay Ac, originally inroduced in 1994  by hen-Sen. om om Harkin (D-IA) (D-IA) and Delegae Delegae Eleanor Eleanor Holmes Noron Noron (D-DC), was inended o address he problem o overly narrow judicial inerpreaions o wha consiues “equal work” by broadening he legal sandard used o encompass “equivalen bi ll also proposed bolsering proecions agains realiaion or discussing  work.””35 Te bill  work. pay a work and increasing he damages available or violaions o include compensaory and puniive damages damages.. Te Paycheck Fairness Ac, which was firs inroduced in 1997 by hen-Sen. om om Daschle (D-SD), ocused on oher key problems wih exising law. Te PFA’s proposed modificaions include ighening he deenses available o employers, requiring hem o demonsraee a business-relaed reason or a pay dispariy; requiring employers o repor demonsra heir pay daa o enorcemen officials on a regular basis; prohibiing realiaion when employees discuss heir pay; and lifing he cap on damages available o pay discriminaion vicims.36 Te imporan improvemen i mprovemens s conained in boh bills bi lls would srenghen exising equal pay proecions. Unorunaely, Unorunaely, suppor and opposiion or hese proposals have generally allen along pary lines or years, wi h Democras supporing he proposals and Republicans opposing hem. Te one imporan excepion o he oherwise subborn inacion 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 discriminaion  Ledbeter  er  , individuals alleging pay claims.38 Prior o Ledbet pay discriminaion discriminaion were required required o file heir claim wihin 180 days o receiving he las discriminaory paycheck because each paycheck ineced by discriminaion consiued a discriminaory ac ha violaed he law.  Ledbeter  er  , however, In Ledbet however, he Cour Cour ignored preced preceden en and ruled ha ha a pay pay discriminaion discriminaion claim mus be filed wihin 180 days o when he discriminaory decision was made. Tis change would have prevened many vicims rom filing heir cases because hey lacked access o he inormaion ha would have revealed discriminaion was aking place.

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Center for American Progress | Next Steps for Progress on Equal Pay

Te Ledbeter Ac was inended o correc he Supreme Cour’s decision and resore he prior rule. Alhough iniially caugh in a parisan salemae in he Senae,39 he ac evenually 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 Senae Senae voe and and saed saed his opposiion. opposiion.40 Shorly afer Presiden Obama’s inauguraion in 2009, he Senae was able o overcome he filibuser ha had held up he Ledbeter Ac, and i became he firs bill ha Presiden Obama signed ino law law..41 W  While hile he new law represened represened a criical sep orward or  vicims o pay pay discriminaion, discriminaion, is purpose was o regain regain ground ground los in 2007 raher han han ocus on oher changes ha could be aken o improve or srenghen exising law. In an effor o mue criicism or no supporing any equal pay proposals, several Republican lawmakers have have also pu orward or ward pay equiy bills over he pas wo years ha are ar more limied in scope han he Fair Pay Ac or Paycheck Fairness Ac. In 2015, Sen. Deb Fischer (R-NE) inroduced he Workplace Advancemen Ac, 42 or WAA, and Sen. Kelly Ayote (R-NH) inroduced he Gender Advancemen in Pay Ac, or GAP  Ac,43 as he wo main alernaives.44 Te Workplace Workplace Advancemen Ac ocuses exclusively on providing proecions agains realiaion o employees who discuss pay inormaion, bu he proecions are limied only o hose who can show ha hey were gahering he inormaion or purposes o deermining wheher heir employer is providing equal pay or equal work.45 So i is unclear wheher employees who are simply having a conversaion abou salaries in he  workplace would would be covered by hese proecions. proecions. Te GAP Ac is a more exensive bill ha includes proecions agains realiaion or discussions abou pay, would limi he affirmaive deenses available o employers in pay discriminaion cases, and would increase penalies or violaions. As writen, w riten, however, he bill raises several concerns: Te realiaion provision saes ha i canno be waived  bu permis he proecion proecion o be superseded superseded in specific circumsances, circumsances, such as a severance agreemen or a setlemen. Tis ype o excepion could sill lead o coercion or employees eeling pressured o give up proecions ha hey migh need. Furhermore, he increased penalies may sill no be sufficien o deer bad conduc. Imporanly, Imporanly, he  bill also lacks provisions o srenghen srenghen civil righs enorcemen or provide provide or greaer pay ransparency and accounabiliy hrough disclosure o pay daa by employers.

Executive action

Te sandoff a he congressional level nowihsanding, he Obama adminisraion has aken several execuive acions o address conribuors o he wage gap�including discriminaion, undervalued jobs, and inadequae work-amily policies. While consrained by congressional approval, he presiden does have powers delegaed by he U.S. U. S. Consiuion and saue o direc he work o he ederal governmen. Consisen Consisen  wih ha auhoriy, he adminisraion has has ocused on srenghening srenghening policies covering covering

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Center for American Progress | Next Steps for Progress on Equal Pay

ederal workers and ederal conracors, which receive axpayer ax payer dollars o perorm work or he ederal  ederal governmen. On he heels o signing he Ledbeter Ac, Presiden Obama coninued o ackle pay discriminaion by issuing execuive orders covering ederal conracors o require more pay ransparency ransparency,, reduce pay secrecy, and prohibi realiaion  when workers discuss heir pay. pay.46 Presiden Obama Obama has also ocused on improving wages in low-wage jobs, which are disproporionaely held by Arican American women and Lainas. Te presiden pushed Congress o raise he ederal minimum wage;47 he also ook acion himsel, issuing i ssuing an execuive order raising he minimum wage or workers on ederal conracs o a leas $10.10 per hour.48 Meanwhile, he U.S. U.S. Deparmen o Labor issued regulaions closing a legal loophole ha had excluded home care workers�mosly women and ofen  women o color�rom color�rom minimum-wage minimum-wage proecions proecions or decades.49 Finally, he Obama adminisraion has worked o srenghen work-amily policies � Finally, rom providing grans o saes o help hem explore poenial paid leave policy soluions o public saemens by he presiden urging Congress o adop comprehensive proposals or paid amily leave and paid sick days�ha would enable more women o ener or say in he workorce wihou puting heir amilies a risk.50 Presiden Obama also issued an execuive order requiring ederal conracors o provide paid sick days o workers on ederal conracs and direcives 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 parisan rheoric and salemae o make progress on boh securing equal pay and closing he wage gap. A comprehensive approach requires argeed work on muliple rons:  rons: combating workplace discriminaion; raising  wages in he lowes-wage lowes-wage occupaions, where women women disproporionaely work; promoing work-lie policies such as paid leave ha enable workers o care or heir amilies and remain in he workorce; and expanding ex panding access o higher-paying jobs. Tere are specific policy soluions ha policymakers can pursue o srenghen equal pay proecions, including: • Promoing greaer greaer pay ransparency so ha employees have he inormaion hey need • Requiring pay disclosure by employers o promoe greaer accounabiliy • Refining he undersanding o wha consiues equal work o beter reflec he realiies o he workplace • Ensuring pay decisions are business- or job-relae job-relaedd

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Center for American Progress | Next Steps for Progress on Equal Pay

• argeing enorcemen enorcemen effors a specific indusries wih w ih higher pay dispariies • Underaking specific research on racial and ehnic pay dispariies • Providing workers wih a righ o reques specific inormaion abou heir pay or company pay pracices • Requiring he posing o salary ranges Furhermore, pursuing broader economic securiy policies, such as increasing he minimum wage and adoping paid sick days and paid amily leave, can level he playing field or workers wih caregiving caregiv ing responsibiliies and give hem he bes chance o remain in he workorce. Tese are commonsense, workable sraegies ha can make a real difference in he lives o working amilies across he counry.

Combatting pay discrimination in the workplace

In addiion o addressing acors ha conribue o he gender wage gap, policymakers should prioriize he ollowing o srenghen equal pay proecions and enorcemen ools. Transparency in pay practices

oo ofen, workers ace barriers when rying r ying o uncover illegal pay pracices or pay dispariies. Some work in workplaces where discussions abou pay are prohibied, making i harder o ideniy problems when hey occur. Even Even wihou such a policy, polic y, decisions abou pay are ofen made behind closed doors doors wih litle visibiliy. visibi liy.  Adoping specific proecions proecions ha prohibi pay pay secrecy rules and clearly clearly sae ha workworkers can discuss heir pay wihou ear o reprisal would be an imporan sep or ward. Such proecions would help srenghen workplaces by providing greaer ransparency in employer pay pracices, reducing conusion and misinormaion, and enabling workers make more inormed decisions. Tese proecions should be available o all workers�wih some accommodaion or siuaions in which he naure o heir job requires confidenialiy,, such as human resources proessionals�and no reaed as negoiable confidenialiy perks o be circumven circumvened 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 promoe accounabiliy in pay decision-making can help incenivize Measures employers o be more vigilan and review heir own pay pracices, which would in urn advance airer pay. pay. Employers ofen are bes posiioned o ideni y pay dispariies wihin w ihin heir workplaces and ake correcive acion quickly when needed o ensure uniormiy and consisency. consisency. Measures such as requiring employers o repor heir pay daa o

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Center for American Progress | Next Steps for Progress on Equal Pay

enorcemen officials on a regular basis or posing saring salaries or salar y ranges in job announcemens announcemen s could help hold employers accounable by esablishing clear guidelines g uidelines and benchmarks or evaluaing heir pay processes. Business- or job-related reasons for pay decisions

I is essenial o ensure ha employers base pay decisions on sound, business-relaed reasons. Allowing employers o jusiy pay dispariies wihou having o provide a jobrelaed raionale means means ha employers can erec obsacles o air pay ha are unnecessary or unrelaed o a paricular job or he employer’ employer’ss business. While employers need he discreion o make hiring and pay decisions in accordance wih heir own pracices, hey also should ake seps o ensure heir pay decisions are no based on arbirary acors unrelaed o a job or business. For example, a worker’s prior salary may have nohing o do wih he qualificaions needed or a paricular job. I prior salary is i s used o jusiy paying a male applican more han a emale applican, long-sanding pay dispariies can perpeually relega relegaee women o lower salaries. Tere are specific seps polic ymakers can ake o address hese problems, such as enacing provisions ha would ighen exising law by requiring employers o have a business- or job-relaed reason or a pay dispariy and limiing he use o prior salary when making an employmen decision. Limiing he use o such inormaion and closing loopholes creaed by overbroad inerpreaions inerpreaions o he permissible jusificaions or pay differences allowed under exising law could help reduce arbirary pay differences unrelaed 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. Alhough realiaion is generally prohibied under curren laws, such as ile VII, and in some insances, workplace rules ha prohibi pay discussions may vi olae exising laws such as he Naional Labor Relaions Ac, workplace culure ofen discourages workers rom raising quesions abou heir pay and osers a culure o secrecy and reprisals. Given his environmen, policymakers should ake acion o clariy and srenghen exising realiaion proecions o sae clearly ha such proecions exend o he variey o siuaions in which pay may be discussed in he workplace and mus be comprehensive and no subjec o waiver. Moreover, Moreover, policymakers should esablish clear, robus penalies w ih enorcemen mechanisms mechanisms o make his proecion a orceul, effecive deerren. Recognition of the barriers faced by diverse groups of workers

Pay dispariies disproporionaely affec several communiies wih unique barriers. For Pay example, racial and ehnic pay differences, which affec people o color regardless o gender,, are ofen larger han he pay differences based on gender, ye racial/ehnic wage gender gaps ofen receive less scruiny and analysis. Research has also revealed pay dispariies aced by mohers, people wih disabiliies, 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 reorm should include provisions o ackle hese ypes o pay dispariies head on, regardl regardless ess o race, ehniciy, ehniciy, economic sanding, disabiliy, sexual orienaion or gender ideniy, or oher acors. Policymakers should ake seps such as requiring more disaggregaed disaggregaed daa analysis o ideniy populaions wih he larges pay dispariies wihin specific occupaion occupaionss or indusries, underaking greaer greaer educaion and raining o comba persisen sereoypes ha may affec pay decisions, and argeing enorcemen enorcemen effors in cerain cer ain occupaions and indusries where dispariies are mos pronounced. Equal treatment of workers who do equal work in different settings or jobs

Te inen o exising exi sing equal pay proecions is o ensure ha all workers receive equal pay or equal work. In pracice, he principle o equal pay or equal work should no mean ha he jobs in quesion mus have exacly he same name or ake place in exacly he same locaion. Jobs may be equal in erms o he work and skills required bu have differen iles or labels; employees working or he same employer could be doing he same work bu in differen locaions.  Judges should no inerpre i nerpre he h e law so narrowly narrow ly ha workers worker s who are peror perorming ming equal work are noneheless reaed differenly differenly because o labels or oher disincions ha migh no make sense in oday’s echnologically sophisicaed and advanced  workplaces. Policymakers, Polic ymakers, meanwhile, meanw hile, should sh ould ocus on o n ensuring ha  ha similarly similar ly siuaed employees are reaed equally by heir employers. Tis could mean adoping provisions ha make clear ha he concep o equal work mus be measure measuredd holisically o encompass workers who perorm he same asks bu under differen job iles or in differen locaions. locaions. Investment in robust enforcement efforts

Srenghening enorcemen is criical o making he law’s promise o equaliy a Srenghening realiy or all workers. Te key agencies charged wih enorcemen o exising equal pay proecions a he ederal level�such as he Equal Employmen Opporuniy Commission, or EEOC, and U.S. Deparmen o Labor�ofen have limied resources o invesigae discriminaion claims, underake argeed enorcemen effors, and ensure compliance. For example, since fiscal year 2011, he EEOC has seen is saffing levels flucuae due o a hiring reeze, sequesraion, and he ederal governmen shudown. Alhough Alhough i is now able o underake new hiring, is saffing is sill below 2011 levels.53 Furhermore, oher agencies also may be able o play an imporan role and bring added resources o ederal enorcemen effors. For example, policymakers could explore ways ha he Securiies and Exchange Commission can promoe greaer ransparency o employer pay pracices. Increased resources allocaed o enorcemen aciviies combined wih more comprehens enorcemen comprehensive ive reporing o enorcemen acions and oucomes could help improve employer pracices, deer bad conduc, and roo ou problems when hey occur.

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Center for American Progress | Next Steps for Progress on Equal Pay

Furhermore, greaer resources could be used o reinvigorae effors o ackle longsanding, persisen barriers o women’s advancemen in senior- and enry-level jobs� ofen reerred o as he glass ceiling and he sicky floor. Increasing Increasing he number o argeed compliance compliance reviews o ederal conracors by he U.S. Deparmen o Labor’s Office o Federal Conrac Compliance Programs�or example, o ocus specifically raes o promoion in upper-level managemen jobs or movemen rom enry- o midlevel jobs�could help isolae specific problems and break down occupaional barriers ha have limied opporuniies or women. Empowering workers

Policies should seek o empower workers so ha hey are beter posiioned o evaluae heir opions and make decisions or hemselves. Esablishing a righ-o-reques policy ha enables workers o reques cerain inormaion 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 deermine salary increases and ex peced promoional opporuniies�could help ensure ha workers are beter inormed abou how pay decisions are made and uure pay opporuniies. Promoting state innovation and voluntary efforts

Pursuing progress on equal pay should include suppor or boh mandaory and  volunary effors. Everybody�rom Everybody�rom employers and policymakers o even employees employees hemselves�can and should play a role in creaing a level playing field or all and ensuring ha workers are paid airly. Tere are employers and local communiies ha have aken concree seps o improve heir pay pracices and eliminae unair pay dispariies. Successul employers such as Salesorce and Te Gap have underaken effors o evaluae he salaries wihin heir workorces and make adjusmens, where necessary, o ensure employees are paid airly.54 Supporing such effors�or example, ex ample, by providing grans or research, supporing sae exploraion o poenial innovaive iniiaives, or lifing up and celebraing employer bes pracices�can help exend he reach o good pracices and encourage change.

Closing the gender wage gap

 While ani-discriminaion measures are an an imporan piece o he earnings earnings puzzle, policymakers mus go arher o address he liany o acors ueling  ueling he gender wage gap. Te acs ha women disproporionaely work in jobs ha pay lower wages, work ewer hours han men, and assume many o he caregiving responsibiliies in heir  amilies are among he acors ha conribue o women’s lower earnings.55 Acion seps could include he ollowing.

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Center for American Progress | Next Steps for Progress on Equal Pay

Raising the minimum wage

 Women disproporionaely  Women disproporionaely 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 greaer responsibiliy o provide economic suppor o heir amilies. Ar ican American  women and Lainas, Lainas, in paricular, paricular, 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 imporan sep orward. or ward. Addiionally, Addiionally, raising he minimum wage o ipped workers�workers who receive ips as par o heir  wages and are disproporionaely women women o color�is color�is also criical. Te curren minimum wage or ipped workers sands a $2.13 per hour, which is wholly inadequae 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 workorce or caregiving reasons. Te ac ha women are more likely o ake on he caregiving responsibiliies wihin heir amilies can make hem arges or unair reamen and limi heir job opporuniies. oppor uniies. Policies ha improve women’s women’s abiliy o move in and ou o he workorce, provide care o heir amilies  amilies when needed, and reain heir  jobs would significanly significanly boos heir earnings. earnings. For example, workplace policies ha enable workers o ake ime off o care or heir amilies wihou sacrificing heir incomes are crucial. Policymakers should esablish a naional 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 abiliy o employers o o engage in unpredicable scheduling pracices. Such policies would allow more workers o move in and ou o he workorce o care or heir amilies, as well as promoe greaer reenion o alened employees. Improving women’s access to higher-paying occupations

 Women hisorically have  Women have been concenraed concenraed in jobs jobs ha have have high numbers o emale emale  workers and persisenly persisenly low wages. wages. One sraegy sraegy or improving women’ women’s wages is o expand opporuniies or women in higher-paying, radiionally male-dominaed occupaions�such as science and echnical jobs. argeed invesmens o expand access o raining can help women acquire and build new skills ha beter posiion hem or higher-paying opporuniies and offer greaer mobiliy. Addiionally, Addiionally, underaking argeed effors o improve he overall qualiy o low-wage jobs and o work wih employers o creae pahways pahways or workers o move up ino mid-level and supervisor y posiions is essenial. oo oo many women remain suck in low-wage jobs wih no opporuniy oppor uniy 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 concree concree seps o o uphold he naion’ naion’s commimen o equaliy and airness. Te concep o equal pay or equal work mus  be more han jus jus words on a page; i requires requires serious enorcemen enorcemen o ensure ensure ha he promise o he law is made a realiy or all. Women are increasingly breadwinners whose amilies rely on heir hei r income o make ends mee. Promoing equal pay and closing he  wage gap are boh criical prioriies; addressing hem will boos women’ women’s ull paricipaion in he workorce and srenghen working amilies. Comprehensive policy soluions o promoe greaer airness in he workplace, eliminae discriminaory pay pracices, srenghen equal pay proecions, and reduce pay dispariies are essenial o ensure ha all al l workers are paid airly. Reorms ha ake ino accoun he many differen acors ha conribue o he wage gap�as well as enable workers o remain in he workorce and earn higher wages�would promoe he economic sabiliy o all working amilies. Ensuring equal pay or equal work and closing he wage gap are  boh imporan prioriies ha call or real real acion�no jus jus rheoric.  Jocelynn Frye  Jocely Frye is a Senior Senior Fello Fellow w a he Cener Cener 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 equiy, 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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Center for American Progress | Next Steps for Progress on Equal Pay

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

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