Archive for the 'Workplace Fairness' Category

The Equal Pay Act Turns 50: The Times They’ve Been a-Changin’

Debra Ness, President, National Partnership

1963 was a year of great change for our country. Martin Luther King, Jr., said the words “I Have A Dream,” President John F. Kennedy and civil rights activist Medgar Evers were assassinated, Betty Friedan’s Feminine Mystique first hit bookstore shelves and the Equal Pay Act was signed into law. It was recently called “the year everything happened,” and it laid the groundwork for much of the progress we have seen since.

As Bob Dylan said in his now iconic song, which debuted as 1963 came to a close, “The times they were a-changin’.” And, in many ways, they did.

But despite the events and developments of 1963 and the tremendous progress we have seen since, at least one thing has remained frustratingly constant: the existence of a punishing gender-based wage gap, fueled by antiquated notions about women in the workplace and loopholes in existing law.

In 1963, when the Equal Pay Act was passed to promote equal pay for equal work, women made up one-third of the workforce and were paid just 59 cents for every dollar paid to men. Fifty years later, nearly half of workers are women, and women are the primary breadwinners in 40 percent of households with children.

Yet women today are paid only 77 cents for every dollar paid to men, or more than $11,000 less each year. The wage gap for women of color is even worse: African American women and Latinas are paid just 64 and 55 cents, respectively, for every dollar paid to white, non-Hispanic men. And the gap exists in every corner of the country, regardless of geography, occupation, education or work patterns.

Women’s wages are essential to families’ financial security. But with the wage gap closing at a rate of less than half a cent per year, women’s wages will not soon catch up to men’s.

That is why the National Partnership for Women & Families has been working for years to advance measures that would help close the wage gap and ensure women are paid fairly, such as the Paycheck Fairness Act. It would close loopholes in the Equal Pay Act, help to break harmful patterns of pay discrimination and strengthen workplace protections for women.

We are also among the leaders of a coalition that is calling for action at the state and federal levels to address practices that contribute to the wage gap, including: pay discrimination, when women are paid and/or promoted less than their male counterparts; segregation of women into jobs that pay lower wages; retaliation against workers who discuss their pay; discrimination based on pregnancy or caregiver responsibilities; and wage theft, when employers do not pay workers for all of their time on the job, force them to work off the clock, or deny workers the overtime pay they deserve.

This 50th anniversary of the Equal Pay Act is a stark reminder that, five decades later, women and their families are still losing critical income to the gender-based wage gap. But fortunately, there is hope.

Things have changed in important and helpful ways since 1963: There are now more women than ever before in Congress. Challenges for women in the workplace are a part of the national dialogue like never before. And there are generations of women, young and old, who care about these issues – and who have innovative technologies to help spread the word and make sure women’s voices are heard.

1963 was a year of enormous change, but change needs to continue if we are to finally realize the promise of the Equal Pay Act and bring our workplace policies up to date. It is time to make the gender-based wage gap a thing of the past. Women and men, employers and lawmakers, should use this anniversary to commit to advancing the measures that will close the wage gap once and for all. That is the change today’s families need.

A Day of Action on Fair Pay

A Day of Action on Fair Pay

Monday marks the 50th anniversary of the Equal Pay Act – a 1963 law aimed at closing the gap between the wages of men and women. But, despite this landmark law, a significant gender-based wage gap persists. That’s why the National Partnership joined with allies on Capitol Hill this week to call on members of Congress to advance the vision of the Equal Pay Act by prioritizing passage of the Paycheck Fairness Act this year.

The day kicked off with a press conference hosted by House Minority Leader Nancy Pelosi (D – Calif.). It featured Representatives Rosa DeLauro (D – Conn.), Joyce Beatty (D – Ohio), Joaquín Castro (D – Texas) and members of our fair pay coalition. Following the press conference, staff from coalition organizations, volunteers and their children took the call for fair pay and the Paycheck Fairness Act straight to congressional offices.

Check out a few photos from the day below, and then show your solidarity and support for fair pay by sharing our fair pay image (right) and adding an “I [heart] Equal Pay” ribbon to your profile here.

LEFT: Leader Pelosi holds up a photo from the day President Kennedy signed the Equal Pay Act in 1963, at a press conference marking the 50th anniversary of the law and highlighting the need to strengthen it with legislation like the Paycheck Fairness Act.

RIGHT: A team of staff and volunteers poses for a photo after visiting members of Congress and urging them to support the Paycheck Fairness Act.

A Family Friendly America Must Eradicate Discrimination Against LGBT Workers

Vicki Shabo, Director of Work and Family Programs

At the National Partnership, we have been working for more than 40 years to make the country’s workplaces more fair and family friendly. That’s why we were proud to partner with a strong coalition of policy experts, business advocates and lesbian, gay, bisexual and transgender (LGBT) organizations today to release A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers. The groundbreaking report takes a close look at how discrimination and a lack of access to basic benefits and family friendly policies harm LGBT workers and their families.

As the report explains, LGBT workers are critical to the financial security of families and our nation. There are an estimated 5.4 million LGBT workers in this country, and more than one-third of LGBT adults have a child. Yet no federal law provides protections to LGBT people in the workplace, and LGBT workers are routinely denied family health, spousal retirement and death and disability benefits.

In other words, across the country, LGBT workers are putting in the same hours on the job and making the same contributions toward health and other benefits. Yet they, their spouses, their partners and their children are routinely denied the protections their co-workers take for granted. This is blatant discrimination, and it plagues too many of our nation’s workplaces.

LGBT workers also do not qualify for unpaid, job-protected leave under the Family and Medical Leave Act. The law provides critical time off when serious personal or family medical needs arise, but more than 40 percent of working people in this country do not have access to its protections. The National Partnership has long advocated for an expansion of the law to cover more workers – including LGBT families – who need leave for more reasons. This new report shows just how important that is.

A Broken Bargain makes a powerful case that there is much more to be done to ensure that all people can provide for their families without suffering discrimination, unequal treatment or inadequate workplace support. The nation has come a long way in providing greater workplace protections against discrimination based on sex, national origin, religion, ethnicity and disability, but we still need to update and strengthen anti-discrimination laws. Ensuring protections based on sexual orientation is essential.

As this new report shows and millions of families know firsthand, we cannot talk about our path to a truly family friendly America without including LGBT workers and their families. Every employer and member of Congress should take a close look at this report, ask if they are part of the problem, and commit to being part of the solution.

Messages That Matter This Mother’s Day

Debra Ness, President, National Partnership

Cross-posted from the Huffington Post.

“For everything you’ve taught me…” “For always being there…” “For all the sacrifices you’ve made… thanks, Mom.” These and messages like them are what mothers across the country will be reading in greeting cards and hearing from loved ones this weekend. But, for mothers who hold jobs, one reality is missing from these heartfelt sentiments. Where is the card that says thanks “For being a working mother in a country that rarely provides you the support you need and deserve”?

Women make up nearly half of the workforce in the United States today, and most families need two incomes to make ends meet. Women are breadwinners in two-thirds of households, and we continue to be the primary caregivers for our families. Yet the country is woefully behind in enacting policies that help women be the responsible employees and mothers they desperately want to be. And women, families, businesses and our economy suffer as a result.

With national dialogue around books like Sheryl Sandberg’s Lean In, policy changes at Yahoo! and momentum for family friendly policies at the state and city levels, we are — fortunately — seeing some of the workplace issues that matter to women and mothers break through. But attention has largely been focused on a small and elite segment of the workforce, and it has not translated into broad-based federal level progress on policies that would help.

So, this Mother’s Day, we at the National Partnership for Women & Families are thinking about some new messages of gratitude for America’s mothers — ones that better reflect the tremendous achievement it is to be one today:

“For providing for your family even though you take home less than men… thanks, Mom.” Women in nearly every corner of the country are still paid less than men — even when occupation and education level are accounted for. That’s why we need the Paycheck Fairness Act, which would combat harmful discriminatory pay practices in our nation’s workplaces.

“For doing your best in a country where women are still fired or forced out of their jobs for becoming pregnant… thanks, Mom.” Six in 10 women who give birth in a one-year period also work during that time, yet pregnant workers are still forced out of the workplace by employers that refuse to provide them reasonable accommodations — like carrying a water bottle – that would allow them to continue working. The Pregnant Workers Fairness Act would help to prevent this blatant discrimination.

“For caring and providing for your family even though you do not have the right to earn a single paid sick day… thanks, Mom.” When they get the flu or a child gets strep throat, more than 40 million workers in this country have to choose between health and a paycheck because they cannot earn paid sick days. These workers, including millions who are mothers, need the national paid sick days standard the Healthy Families Act would provide.

“For having a child in the only highly industrialized nation that does not guarantee you any paid time off to do so… thanks, Mom.” As a new infographic from the National Partnership illustrates, the United States is one of only a handful of nations that does not guarantee paid leave for new mothers. Just 11 percent of private sector workers have access to paid family leave and only 40 percent of the workforce is eligible for paid medical leave. It is past time for a national paid leave insurance program.

These messages — and they really only scratch the surface of the challenges America’s working mothers face — illustrate the incredible strength and resilience of mothers who hold jobs in this country. But they also reveal a stark and unacceptable reality: We are far from ensuring mothers the equality, fair treatment and support they deserve.

Fortunately, some states are doing better. Last year, the National Partnership released a report, Expecting Better, detailing the laws some states have enacted to fill the gaps in national standards. We know that at least eight states require some employers to provide reasonable accommodations to pregnant workers. And we are seeing incredible momentum around and support for paid sick days policies. Just this week, the New York City Council approved a measure to guarantee nearly one million workers the right to earn paid sick days. This historic achievement builds on the success of paid sick days laws that already exist in Connecticut, San Francisco, Washington, D.C., Seattle and, soon, Portland, Oregon.

But a patchwork of policies is not the solution working mothers need — or deserve. Just think: Would members of Congress be willing to send these messages to their mothers? Then why aren’t proposals like the Paycheck Fairness Act, the Pregnant Workers Fairness Act, the Healthy Families Act and a national paid family and medical leave insurance program among their highest priorities?

This Mother’s Day, let’s think about the real messages we’re sending mothers by failing to establish the family friendly workplace standards they need. And let’s insist that lawmakers do something about it.

Keeping “Wellness” from Turning into Discrimination

Judith L. Lichtman, Senior Advisor

Today, I had the honor of testifying before the U.S. Equal Employment Opportunity Commission (EEOC) on a topic of critical importance to our nation’s workers: employer wellness programs. These programs can offer women and families meaningful avenues for improving and maintaining their health. And, as part of the Affordable Care Act, employers will soon have new incentives to establish them. But they can also open doors to discrimination.

Employer wellness programs are aimed at promoting healthier lifestyles and improving health outcomes by encouraging health-related activities like signing up for gym memberships, taking health education classes, getting health risk assessments and more. They come in two basic forms: “participatory” wellness programs, which are available to employees regardless of a person’s health; and “health-contingent” wellness programs, which are tied to certain health benchmarks or targets. It’s the latter that cause concern.

There is no one-size-fits-all approach to individual health, wellness and life circumstances, and employer wellness programs must reflect that. That’s why they should be voluntary, carefully designed, and not tied to health indicators. Groups like women, older adults and racial minorities experience significant health disparities. Tying wellness program penalties to their health situations can cause them disproportionate harm and, as I argued today, violate nondiscrimination laws.

Health-contingent wellness programs that increase health care costs for certain workers aren’t about wellness; they are about shifting costs to working people, especially those with health problems. And there’s no scientific evidence that shows they do anything to improve health outcomes. That’s why the National Partnership is recommending that the EEOC:

  1. Issue specific and thorough guidance to employers to inform them of best practices in designing and implementing wellness programs, as well as potential legal implications;
  2. Engage in outreach and education to employers to help ensure compliance with nondiscrimination laws;
  3. Enforce the law by challenging employer wellness programs that are discriminatory; and
  4. Work with other agencies – including the Departments of Treasury, Labor, Justice and Health and Human Services, and the Office of Personnel Management – to provide the assistance employers need to prevent discrimination in the implementation and regulation of employer wellness programs.

At the National Partnership, we know that access to affordable, quality health care is essential for women and families. We also know the importance of ensuring people can work free from discrimination. Today, I made clear that, with proper oversight, wellness programs can do both: They can help women and families achieve meaningful improvements in their health, without running afoul of our nation’s civil rights laws. We will do all we can to ensure this happens.

You can read my full written testimony here.

From Seattle to New York City, Women and Families Need Action on Fair Pay

Debra Ness, President, National Partnership

Cross-posted from the Huffington Post.

It’s that time of year again. A time when those of us who are committed to achieving equality for women are reminded of the work left to do. That’s because, this week, we recognize Equal Pay Day — the day that marks how far into the new year women have to work to catch up with men’s wages from the previous year. And this year, it falls just two months before the 50th anniversary of the Equal Pay Act.

Despite the Equal Pay Act and tremendous advances for women since it became law, women and families across the country still suffer from a punishing gender-based wage gap that results in thousands of dollars in lost income each year. According to a new analysis of U.S. Census Bureau data from the National Partnership for Women & Families, the wage gap persists in every corner of the country, in all 50 states and in the 50 largest metropolitan areas – with serious consequences for families and our economy.

The Seattle area has the dubious distinction of having the largest wage gap of the country’s major metropolitan areas. Women there are paid just 73 cents for every dollar paid to men, which means they lose more than $16,000 annually due to the wage gap. On the opposite side of the country, in the world-class city of New York, women are still paid just 85 cents for every dollar paid to men, or more than $8,000 less each year. And our findings show the same punishing trend everywhere in between.

If you ask women what thousands of extra dollars each year would mean for them and their families, the effects of the wage gap become clear — and they add up over time. Whether it’s basic necessities like food, rent, mortgage payments and gas, or college and retirement savings, the wage gap has real costs and consequences for women, families, our communities and the economy.

According to our analysis, eliminating the wage gap would mean that women in San Francisco could buy food for an additional year and five months. Chicago‘s working women could afford more than 2,700 gallons of gas. And women employed full time in Boston could afford a year’s worth of rent. These basic necessities are especially important for the more than 15 million U.S. households headed by women, 31 percent of which fall below the poverty line.

In a country that claims to value fairness and prides itself on giving everyone a real chance to provide for their families, we simply must take action to close the wage gap. Fortunately, there are champions and leaders in Congress who are ready to help do just that.

The Paycheck Fairness Act is modest, reasonable legislation that would go a long way toward eliminating the wage gap. It would strengthen the Equal Pay Act, prohibit employers from retaliating against employees who discuss salary information with their co-workers, help women fight discrimination, and establish stronger workplace protections for women. It has been introduced again this Congress, and it should be a priority for any lawmaker that values America’s families and equality.

The Paycheck Fairness Act should pass this year. It has widespread public support and the nation is tired of partisan politics and special interests blocking the progress we need. As we await federal action, local and state lawmakers, too, can take action to close the wage gap.

And President Obama can do more. He has been a vocal supporter of fair pay and the Paycheck Fairness Act. But he also can — and should — set an example for the nation’s employers by issuing an executive order that would ensure that federal contractors cannot retaliate against workers who discuss pay. That would help to ensure that taxpayer dollars are not used to support unlawful pay discrimination.

From Seattle to New York City — and everywhere in between — women and their families have been suffering for too long. This Equal Pay Day, as we prepare to recognize the 50th anniversary of the Equal Pay Act, let’s remember how far we have to go to see real equality for women and press for progress. Action to advance fair pay is long overdue.

It’s All in the Details: Employer Wellness Programs Can Help or Harm

Kirsten Sloan, Vice President, National Partnership

As health care purchasers, consumers, and decision makers for ourselves and our families, women are keenly interested in wellness and preventing illness.  So the new wellness programs some employers are offering have some appeal.

These programs are intended to provide a convenient way for employees to improve and maintain their health.  And there are some benefits.  If designed and implemented properly, wellness programs can offer flex-time for walking or other physical activity, provide education about healthy lifestyles and other valuable health-related workplace initiatives.  The programs can also help workers achieve their wellness goals by providing activities at a time and location that fits the time constraints associated with responsibilities at home and in the workplace.

But done badly, employer wellness programs can become a back door way of discriminating by circumventing the market reforms and protections put in place by the Affordable Care Act (ACA).

The National Partnership for Women & Families is working to ensure that wellness programs are not used to undo the progress made by the ACA. In a recent letter to the U.S. Department of Labor, the National Partnership outlined some of the specific steps that need to be taken to ensure that employer wellness programs help — not hurt — women. These steps include:

  • Preventing employers from using workplace wellness programs to tie health insurance premium costs to conditions like weight, cholesterol, and blood sugar levels.  Programs that do this could be used by employers to avoid the ACA’s prohibition on medical underwriting.
  • Ensuring that employers cannot dramatically vary employee premiums so that employees who are unable to satisfy their workplace’s wellness targets face substantially higher premiums.  These employees could find themselves priced out of employer-sponsored coverage, a development that would undermine the intent of many of the ACA’s key insurance reforms.
  • Ensuring employees are fully informed about any financial responsibility associated with wellness programs.  No employee should have to wonder if there is a financial obligation that comes with participating or choosing not to participate in an employer wellness program.

To read the National Partnership’s full letter on the proposed rules for designing and implementing employee wellness programs, go here.

Back to the Office at Yahoo

In the News

National Partnership President Debra Ness talks to the New York Times about Yahoo CEO Marissa Mayer’s decision to end the company’s work-from-home policy.

Watch the video here:

After Four Years, It’s Time for Concrete Action – An Executive Order from President Obama – to Help Reduce the Wage Gap

Judith L. Lichtman, Senior Advisor

Four years ago today, President Obama signed the Lilly Ledbetter Fair Pay Act – a law that restored pay discrimination victims’ right to have their day in court. It was the first bill the president signed into law, and it has allowed women across the country to challenge unlawful discrimination when they receive a discriminatory paycheck.

The Lilly Ledbetter Fair Pay Act was a critical and necessary step to help combat pay discrimination. But much more remains to be done to help prevent the discriminatory practices that contribute to a wage gap that costs women, on average, 23 cents for every dollar paid to men. Fortunately, there are concrete proposals that Congress and the Obama administration can – and should – advance right away.

Legislation like the Fair Pay Act, which was introduced today by Senator Tom Harkin (D – Iowa) and Delegate Eleanor Holmes Norton (D – D.C.), would help to ensure equal pay for those who hold jobs that require comparable abilities, knowledge and skills. The bill is modeled on similar laws already on the books in a number of states.

The Paycheck Fairness Act, introduced last week by Senator Barbara Mikulski (D – Md.) and Representative Rosa DeLauro (D – Conn.), would also help reduce the wage gap. One critical provision would prohibit employers from retaliating against workers for discussing pay. Nearly half of the workforce is currently prohibited or discouraged from talking about pay with their coworkers, making it nearly impossible to identify and challenge discriminatory practices – and giving employers little incentive to comply with the law.

Lilly Ledbetter’s own experience provides a classic example. After working for 19 years as a supervisor at a Goodyear tire factory where there was a policy that prohibited employees from discussing their pay, she received an anonymous note telling her she was being paid less than her male coworkers with the same job. Goodyear’s policy allowed for discrimination with impunity.

If we are going to eradicate pay discrimination in this country, workers need to be able to discuss their pay without fear of losing their jobs. That is why, in addition to supporting critical legislation, we are calling on President Obama to address pay discrimination by issuing an executive order that ensures that employees of federal contractors can discuss pay without retaliation.

The federal government has an obligation to ensure that taxpayer dollars are not used to perpetuate unlawful pay discrimination. And the president made a point of including equal pay in the vision for the future of America he laid out in his inaugural speech last week.

The Lilly Ledbetter Fair Pay Act marked an important step on the road to fair pay. With an executive order, the administration should take the next step toward an economically secure future for America’s women and their families.

An Integral Step Forward for Women, Families and the Nation

Debra Ness, President, National Partnership

“Our journey is not complete until our wives, our mothers and daughters can earn a living equal to their efforts.”

Just two days ago, President Obama chose to include these words in his second inaugural address – a rousing speech that laid out a clear vision for an equal and just America. And now, with the introduction of the Paycheck Fairness Act today, members of Congress have an opportunity to take a step toward making that vision a reality.

Despite historic advances for women in past decades, America’s working women are still paid just 77 cents for every dollar paid to men, resulting in more than $11,000 in lost income each year. For African American women and Latinas, who are paid just 70 and 60 cents, respectively, for every dollar paid to men, the financial impact of the wage gap is even worse.

Just last month, the National Partnership analyzed the impact of this gap on families’ ability to make ends meet. We found that, in just one year, eliminating the wage gap would mean African American women would have enough money for more than two years’ worth of food or more than three years’ worth of family health insurance premiums. Latinas would have enough for nearly two years of rent or an additional 5,743 gallons of gas.

Losses of this magnitude are harmful for any working family, but they are especially painful for the nearly 40 percent of households headed by African American women or Latinas who live in poverty.

An America where hardworking women do not get a fair shake and instead face discrimination in the workplace is not what our families need and deserve. And it’s not the America that Congress had in mind 50 years ago when it sought to address the harm caused by unfair pay practices by passing the Equal Pay Act.

Fortunately, this Congress has the chance to do something about it. It can advance the nation’s legacy of fairness and equal opportunity by passing the Paycheck Fairness Act – a bill that would close loopholes in the Equal Pay Act, help to break patterns of wage discrimination, and establish stronger workplace protections for women.

The Paycheck Fairness Act is a critical step forward for women, families and the nation. For Congress, there should be no option but to pass it right away.