The Democrats of the 117th Congress are again attempting the passage of another “equality” bill. This time, it’s the Paycheck Fairness Act or H.R. 7.
According to the House Committee on Education and Labor, the H.R. 7 attempts to end gender-based wage discrimination by:
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“Requiring employers to prove that pay disparities exist for legitimate, job-related reasons and not based on gender;
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Banning retaliation against workers who discuss their wages;
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Limiting how employers can use the salary history of prospective employees;
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Creating a negotiation and skills training program;
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Removing obstacles in the Equal Pay Act to allow workers to participate in class action lawsuits that challenge systemic pay discrimination; and
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Improving the Department of Labor’s (DOL) and the Equal Employment Opportunity Commission’s (EEOC) tools for enforcing the Equal Pay Act.”
Yet, under both the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate based on gender. These laws ensure that men and women are paid equally for equal work.
Statistics show that overall, women make 82 cents on the dollar compared to men. However, it is vital to remember the reasons contributing to this pay gap. A study found that the vast majority of women value a flexible schedule and job security over higher future earnings. Women are also more likely than men to work part-time or take more time off to raise a family. Mandating “equal pay” would discourage businesses from allowing creative benefits for women by issuing a one-size-fits-all approach and eliminating choice.
In addition, H.R. 7 amends the Fair Labor Standards Act of 1938 by adding “pregnancy, childbirth, or a related medical condition” to the definition of “sex.” In essence, this legislation could be interpreted to force employers to cover elective abortion under the guise of fairness. To protect against this, the legislation needs to include additional language providing safeguards against elective abortion coverage.
In closing, H.R. 7 hurts women. Those who stand to benefit from its passage are lawyers. Employers will be forced to defend their pay practices by reporting pay data to the federal government. Businesses will spend more money on attorney fees and additional liability insurance instead of putting it in their employees’ paychecks. They are more likely to win a trial of unintentional pay discrimination which will pad their pockets with more income.
For these reasons, we seek your help in asking your Representative to vote NO on the Paycheck Fairness Act, H.R. 7.
Capitol Switchboard: 202-224-3121