Madam Chair, I thank my colleague for yielding. I believe all my colleagues can agree that women deserve equal pay for equal work. However, the bill considered today takes the wrong approach to ensure that current equal protections,…
Madam Chair, I thank my colleague for yielding.
I believe all my colleagues can agree that women deserve equal pay for equal work. However, the bill considered today takes the wrong approach to ensure that current equal protections, protections that have been in place since 1963, are reaffirmed and fortified.
This bill offers no new protections for women in the workforce. Instead, it makes it more difficult for employers and employees to have an open and informative discussion about hiring and other employment decisions.
Perhaps worst of all, it is designed in a way that helps increase the bottom line for lawyers. That is right. The only paychecks that this legislation will increase are paychecks for lawyers.
It is unfair to women; it is unfair to the workforce; and it is unfair to businesses.
It may come as a surprise to many people that the so-called Paycheck Fairness Act offers no new protections against pay discrimination.
Let me repeat that. The legislation being debated today offers no new protections against pay discrimination. Instead, it imposes a one-size- fits-all mandate to one of the most varied and complex workforces in the world.
Rather than allowing for informal discussions, the Paycheck Fairness Act strictly limits communications between employers and employees on key hiring decisions. Under this bill, the burden is laid on the backs of employers, and the lack of clarity for employees is simply unworkable.
I don't see how limiting the discussion between employers and employees, particularly on hiring decisions, is going to help anybody; and I certainly don't see how opening the gates to limitless, frivolous lawsuits is going to help anybody.
It should be noted, the Lilly Ledbetter Pay Act that the Speaker just alluded to was signed 10 years ago with the promise that it would alleviate pay discrimination in the workplace. Yet, if you look at pay discrimination charges filed with the Equal Employment Opportunity Commission, they have remained steady each year since 1997, both before and after the Lilly Ledbetter Fair Pay Act became law. I am hearing that same kind of overpromising when it comes to H.R. 7.
In an effort to improve the bill and ensure the damages actually go to the women impacted instead of lawyers, I offered an amendment that would cap
attorney's fees for any judgment to 20 percent of the judgment. Sadly, this commonsense amendment was blocked by the Rules Committee.
Why don't my colleagues want to join me in ensuring that money actually gets to victims of pay discrimination instead of simply padding the wallets of lawyers?
It is a real shame this amendment was not made in order. I think we can all agree that the idea of discrimination against someone based on sex is absolutely unacceptable, and it is inconsistent with the values we hold as Americans.
This issue is not partisan. In 1944, Republican Congresswoman Winifred Stanley introduced a precursor to the Equal Pay Act, which, since passing years later, has been the law of the land for the past 55 years.
The Equal Pay Act of 1963 specifically made it illegal to pay different wages to employees of the opposite sex for equal work. In addition, title 7 of the Civil Rights Act made it illegal for employers to discriminate on the basis of race, color, national origin, religion, and sex.
Yet, as I said before, despite these protections on the books, there are bad actors who continue to practice pay discrimination. Based on laws existing for decades, it is unacceptable, and we must hold these bad actors accountable.
Unfortunately, the Paycheck Fairness Act, as written, fails to improve employment protections.
We have a responsibility to the American people to craft strong policies that support women in the workplace, not merely offer weak lip service that, in fact, cripples employers and employees alike.
I ask my colleagues to join me in opposing this phony bill, and, instead, let's work together in a bipartisan way to actually ensure women continue to thrive in the workforce.
Madam Chair, I have an amendment at the desk.
Madam Chair, I yield myself such time as I may consume.
Madam Chair, this amendment adds the language ``a bona fide business- related reason'' to make clear to the courts that the factor other than sex defense in the Equal Pay Act cannot be used as a loophole or excuse for using sex as a factor.
This amendment additionally strikes the remaining provisions of the underlying bill relating to applications of the factor other than sex defense.
These unnecessary provisions require that, even when an employer already shows the factor is other than sex, it must meet additional illogical and insurmountable burdens, effectively paving an unimpeded path to the promise of unlimited punitive and compensatory damages for trial lawyers.
In sum, this amendment strengthens current law and eliminates the new and untested concepts the underlying bill imposes on employers. It would make it impossible for an employer to defend any difference in pay, even when based on any number of legitimate job-related factors.
Madam Chair, I reserve the balance of my time.
Mr. Chair, I was listening to the gentlewoman talk and I don't know that she has read my amendment, because my amendment actually solves the problem that she poses. There are some circuits that have given opinions just exactly as she said. What my amendment does is substitute for those decisions the bona fide business-related reason, which has been decided by a number of circuits. It is very clear. There is nothing amorphous about it. Practitioners in this area, like myself, understand exactly what it means. It actually solves the problem posed by the gentlewoman and makes it a lot better than what is in the underlying bill.
The problem with the underlying bill is that it injects amorphous new things that we don't have any idea what they would mean. What my amendment does is it actually makes it clear and solves the very problem that she stated in her presentation.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I appreciate what the gentlewoman had to say. I was listening very carefully to her. I think she does have it confused, however, because it does inject an additional burden for employers that is not in the law right now and it does provide a ton of unclarity with regard to what they are going to have to do to comply with it. And I think my use of the bona fide business-related reason is going to inject the clarity we need and actually protect plaintiffs more than what is in the bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I have great respect for the gentlewoman. I don't think she understands what that language actually means, how it has actually been interpreted by the courts, and how it may be totally misinterpreted against plaintiffs in these types of lawsuits.
What my amendment does is actually strengthen the hand of parties that have a clear understanding of what they are trying to accomplish there, either the plaintiffs or the defendants. It is an improvement in the bill for plaintiffs and defendants. We should all be for this, not against it. I don't want to go tit for tat with her on everything, but I do think she misunderstands both the amendment and the underlying bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, once again, I heard what she read into the Record. I already read that. I understand exactly what it says. I think maybe I haven't made myself clear:
The underlying bill injects clarity into the law, which hurts plaintiffs in their cases. This will hurt women in bringing their cases. It will take years to try to get clarity through the court system, if we ever get clarity. That hurts plaintiffs in these lawsuits.
Defendants like to throw up unclarity. So I guess, perhaps, if you wanted to argue from that point of view, let's have a confusing bill. I am going to get clarity into the bill that actually helps women. And it is the irony of this whole proceeding that the bill that is supposed to help women, that they say is going to help women, hurts them. I am trying to help women with my amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, this language is consistent with how nearly all circuit courts of appeal have interpreted this factor.
``Bona fide business-related reason'' is not an empty phrase. For example, in one case where the employer alleged that the difference in pay was based on the higher paid person's participation in a bona fide skills development program, the court carefully examined the program to determine whether it was legitimate and, in fact, found that it was not.
This amendment helps women. If you want to help women in the workforce, this amendment does it. Their bill doesn't.
Mr. Chairman, I yield back the balance of my time.