Mr. President, thank you very much. I too wish to speak as in morning business. All over America today, people are celebrating Earth Day. But we, the women of the Senate, have another day we are commemorating, it is called Pay Equity Day.…
Mr. President, thank you very much. I too wish to speak as in morning business.
All over America today, people are celebrating Earth Day. But we, the women of the Senate, have another day we are commemorating, it is called Pay Equity Day. That means women should get paid equal pay for equal or comparable work.
You are going see the women of the Senate dressed in red today. We are going to be on the Senate floor, we are going to be in our committees, and we are going to be doing our job. But we wear the color red with solidarity for women all over who say: We are red in the face because of the way women have been treated in terms of our pay.
Right now, in the year 2008, women still make less money per hour than men for the same or comparable job. If that was not hard enough about the business practices, we actually have a Supreme Court that agreed with discrimination.
So today we come to the floor with legislation that has been developed, on a bipartisan basis, to reverse a Supreme Court decision called the Ledbetter decision.
You have to hear this. Last May, the Supreme Court made an outrageous decision that said women cannot get equal pay for equal work if they do not do it within the first 180 days that a discrimination occurs. The decision was sexist, it was biased, and it did not understand the reality of women's lives or the reality of the workplace.
Their decision was a step backward for women, and it hit women right in the pocketbook. It violates the American concept of fairness and justice and equal treatment under the law.
Let me tell you about Lilly Ledbetter, who brought the case to the Supreme Court. I met her in the HELP Committee--the Health, Education, Labor Committee--when we were listening to the testimony about it. I listened to her story. This is a woman
now who is beyond middle-age, who has worked 19 years for the Goodyear Corporation.
Systematically, she was underpaid from the day she walked in that door. Not only did she get less pay for the work that she did, but she did not get comparable raises when the men got theirs.
What does that mean? Not only did she have less earnings in her work, though she worked as hard, received excellent ratings, and was promoted, but it also now will show up in her pension; she will get less Social Security and she will get less pension. So remember, when discrimination begins, it is compounded over a lifetime.
Now, Lilly Ledbetter is a real American. She fought the system on her own time and with great risk. She fought the discrimination and took it to the Equal Opportunity Commission, took it to the courts, and then took it all the way up to the Supreme Court. Along the way, she had to raise her own money to do this, while the big corporate interests at Goodyear had fat-cat, billable-hours lawyers against her.
She faced sexual harassment in the workplace because she dared to speak up and speak out. Well, Lilly Ledbetter would not give up. If she was the only case in America, it would be wrong, but this is a persistent pattern in the workplace. And also it has now been approved by the Supreme Court.
The Supreme Court said: Someone cannot sue their employer over unequal pay if that person does not file suit within 180 days after the pay was established.
Once again, the Supreme Court does not get it. How many women know the salary of their coworkers, especially in the first 6 months on the job? The reality of the workplace is that often people are forbidden to talk about their salaries. What if you were hired at an equal rate with your male counterpart, but he gets a raise every few months and you do not? The Supreme Court decision was outrageous. It was so bad that Justice Ruth Bader Ginsburg, God bless her, God bless Justice Ruth, she stood up and actually spoke from the bench to read her dissenting opinion.
That is unprecedented. Usually, they file it and let it go into the history books. But Justice Ginsburg wanted to put the world and this Congress on notice that we better act. Justice Ginsburg said in her dissenting opinion:
In our view, the court does not comprehend or is
indifferent to the insidious way in which women can be
victims of pay discrimination.
She encouraged the Congress to fix it, and we will fix it. We will. Unfortunately, wage discrimination exists. Woman now earn 77 percent for every dollar our male counterpart makes. Women of color even get paid less. African-American women get paid 68 cents for every dollar a White man makes. That is almost a 40-percent difference.
The Supreme Court decision will make it almost impossible for women workers to close this wage gap and to get the remedy they deserve, and what they should get, under our doctrine of fairness, is equal pay for equal or comparable work.
From the bench, Justice Ginsburg did call on the Congress for action. She said, ``Correct the mistake.''
Well, when Justice Ruth speaks, and by the way, do we not miss our Justice Sandra Day O'Connor? Justice Alito wrote the primary assenting opinion. They told us the Court made a mistake and the Congress could fix it. Well, fix it we will. We will be soon voting on the legislative process in the bill itself to right this wrong. We will be voting on legislation that will correct this mistake.
This legislation was authored by our great Galahad in the Senate, Senator Kennedy. He did it in consultation with we, the women in the Senate: Senator Clinton, myself, Senator Snowe, women on both sides of the aisle. He reached out to us. We reached out to the best legal thinking.
This bill will amend title VII of the Civil Rights Act of 1964. This bill will amend the Civil Rights Act of 1964, so the statute of limitations for an employee to file a wage discrimination suit runs from the date of the actual payment of the discriminatory wage, not from the hiring. So every time you get a paycheck, it will be an act of discrimination, which will reset the clock so you can file your case.
That means employees can sue employers based on each discriminating paycheck, and it does not limit the time a worker can get the remedy she deserves. This bill is about fairness, justice, and respect. Is it not time, is it not time? When we think about Lilly Ledbetter and all those wonderful women similar to her, a woman who worked for 19 years, she was not exactly sure when the disparity developed, she could not quite get to all that.
A jury found they had discriminated against her. They awarded her $400,000 in backpay. The Supreme Court took it away from her. Well, today, we are going to give it back to her. We are going to make sure she and her guts and her grit, in standing up for herself, has stood up for all women.
We who are the women of the Senate stand up as well, I believe also with the very good men who work with us. Men of quality never fear women who seek equality. We are doing that today. We believe in this country all people are created equal. We need to make sure it is in the Federal law books and in your personal checkbook.
All people are created equal in the Federal lawbook and in your personal checkbook. People should be judged by their skills, their competence, and by the job they do. Once you get that job because of your skills and talent, you should get equal pay for equal or comparable work.
Lilly Ledbetter was an honest and hard-working person for 19 years. She is entitled to every cent she worked for. Because Lilly Ledbetter stood up, we rise with her. We are going to correct the Supreme Court decision. We are going to pass this reform legislation that is called the Fair Pay Restoration Act. We ask the Presiding Officer to join with us today. For all of us who wear red, this is going to be a great victory.
I yield the floor.