Madam Speaker, I have strongly supported the Paycheck Fairness Act and have done so for over two decades. When the legislation finally got a vote in the House in 2008, I voted ``yes'' I voted ``yes'' again in 2009 and 2019. I have…
Madam Speaker, I have strongly supported the Paycheck Fairness Act and have done so for over two decades.
When the legislation finally got a vote in the House in 2008, I voted ``yes'' I voted ``yes'' again in 2009 and 2019. I have cosponsored the Paycheck Fairness Act since 2015.
In January, I again enthusiastically cosponsored H.R. 7--the Paycheck Fairness Act.
In late March, however, H.R. 7 was radically altered during markup in the Education and Labor Committee with a new definition of ``sex'' that according to serious legal analysis will compel employers to subsidize abortion on demand.
Because I respect the inherent dignity and value of unborn baby girls and boys who will be put at grave risk of death by dismemberment abortion and chemical poisoning if H.R 7 is enacted in its current form, I will vote ``no'' today.
In a letter dated April 14, the United States Conference of Catholic Bishops said: ``H.R. 7 would amend the Fair Labor Standards Act (FLSA). The FLSA, among other things, prohibits unequal wages between men and women performing equal work. 29 U.S.C. Sec. 206(d)(l). Wages include all forms of remuneration, including ``frinqe benefits'' such as ``medical, hospital, [and] accident . . . insurance,'' ``life insurance,'' ``retirement benefits,'' and ``leave.'' 29 C.F.R. 1620.10, 1620.11.
``Strengthening federal law to ensure equal compensation for equal work as between men and women is a laudable legislative goal, and we heartily endorse that goal . . . Unfortunately, H.R. 7 has moved in a different direction . . . We believe that if the bill were to pass, the Fair Labor Standards Act could be construed to require employers, including even religious organizations, to cover and pay for abortions . . . we urge members to oppose the redefinition of sex in H.R. 7 and instead revert to the version of the bill that passed the House in the 116th Congress.''
The National Right to Life Committee opposed the redefinition of ``sex'' and opposes the bill. They said in a letter: ``H.R. 7 makes definitional changes to sex to include pregnancy, childbirth, or a related medical condition. It is well established that abortion will be regarded as a ``related medical condition.'' See 29C.F.R.pt.1604 App.(1986) and Doe v. CARS Protection Plus, lnc., 527F.3d 358 (3dCir.2008).
``Historically, when Congress has addressed discrimination based on sex, rules of construction have been added to prevent requiring funding of abortion. Since there is no rule of construction that would make this legislation abortion-neutral, it is likely that H.R. 7 could be used to sue employers for a lack of elective abortion coverage.''
In like manner, the Susan B. Anthony List opposes the bill noting that 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,'' which courts have interpreted broadly to include abortion.''
Other pro-life organizations urged a ``no'' vote including March for Life Action.
Madam Speaker, underscoring my commitment to the legislation without the redefinition of the term ``sex'', yesterday I introduced H.R 2490-- the Paycheck Fairness Act with the identical H.R. 7 language from January.
H.R. 2490 is needed to ensure that the noble goals embedded in the landmark law, the Equal Pay Act of 1963, are achieved.
Among its provisions H.R. 2490:
Prohibits employers from seeking the salary history of prospective employees. By banning reliance on salary history in determining future pay, the bill ensures that prior pay discrimination doesn't follow workers from job to job.
Bans retaliation against workers who discuss their wages.
Improves research on the gender pay gap. The bill instructs DOL to conduct studies and review available research and data to provide information on how to identify, correct, and eliminate illegal wage disparities.
Requires the collection of wage data from federal contractors and directs the Equal Employment Opportunity Commission (EEOC) to
conduct a survey of available wage information and create a system of wage data in order to help the Department of Labor uncover wage discrimination.
Provides a small business exception. The Equal Pay Act and the Fair Labor Standards Act have an exemption for small businesses that generate less than $500,000 in annual revenues a year, and the Paycheck Fairness Act would keep that exemption intact.
Supports small businesses with technical assistance.
Provides assistance to all businesses to help them with their equal pay practices, recognize excellence in pay practices by businesses, and empower workers by creating a negotiation skills training program.
I include in the Record the following letters of opposition.
United States Conference
of Catholic Bishops,
Washington, DC, April 14, 2021.
Dear Representative: We write to raise pro-life and other
concerns about the Paycheck Fairness Act, H.R. 7.
H.R. 7 would amend the Fair Labor Standards Act. The FLSA,
among other things, prohibits unequal wages between men and
women performing equal work. 29 U.S.C. Sec. 206(d)(l). Wages
include all forms of remuneration, including ``fringe
benefits'' such as ``medical, hospital, [and] accident . . .
insurance,'' ``life insurance,'' ``retirement benefits,'' and
``leave.'' 29 C.F.R. Sec. Sec. 1620.10, 1620.11.
Strengthening federal law to ensure equal compensation for
equal work as between men and women is a laudable legislative
goal, and we heartily endorse that goal. See Economic Justice
for All, no. 167 (1986), (``Particular attention is needed to
achieve pay equity between men and women''); Compendium of
the Social Doctrine of the Church, no. 295 (2004) (``An
urgent need to recognize effectively the rights of women in
the workplace is seen especially under the aspects of pay,
insurance and social security.''); Pope Francis, Audience
with Delegates from the Confederation of Trade Unions in
Italy (June 28, 2017) (``And what I am about to say may seem
obvious, but in the world of work women are still in second
class. You might say, `No, but there is that businesswoman,
that other one . . .'; yes, but if women earn less, are more
easily exploited . . . do something.''). Indeed, Congress
could do more in this area.
Unfortunately, H.R. 7 has moved in a different direction.
On March 24, the House Committee on Education and Labor
marked up the bill to redefine the term .. ``sex'' to include
such items as ``sex stereotypes,'' ``pregnancy, child birth,
or a related medical condition,'' ``sexual orientation.''
``gender identity,'' and ``sex characteristics. including
intersex traits.''
H.R. 7's redefinition of sex in the FLSA is seriously
problematic. We believe that if the bill were to pass, the
FLSA could be construed to require employers, including even
religious organizations, to (a) cover and pay for abortions,
contraceptives, and gender transition procedures in their
health plans (b) treat same-sex civil marriages as equivalent
to traditional marriages in the provision of spousal
benefits, and (c) facilitate abortions and gender transition
procedures by providing paid leave for that purpose as part
of existing paid leave programs. In this way, the bill would
require many religious organizations to be involved in and to
approve things they sincerely believe are wrong.
Some may argue that Title VII already imposes all or some
of these requirements. That argument--in addition to
rendering the redefinition of ``sex'' in this bill seemingly
redundant in whole or in part--overlooks the fact that Title
VII has religious exemptions and abortion-neutral language
that are not found in the FLSA. The Supreme Court has put off
to another day the resolution of the question of exactly how
the sex discrimination provisions of Title VII intersect with
the religious convictions of employers. Bostock v. Clayton
County. 140 S. Ct. 1731, 1753-54 (2020). H.R. 7 would raise a
similar question but in a different statutory setting, one in
which the critical religious exemptions and abortion-neutral
language of Title VII are entirely missing.
For these reasons, we urge members to oppose the
redefinition of sex in H.R. 7 and instead revert to the
version of the bill that passed the House in the 116th
Congress.
Sincerely.
His Eminence Timothy Cardinal Dolan,
Archbishop of New York, Chairman, Committee for Religious
Liberty.
Most Reverend Paul S. Coakley,
Archbishop of Oklahoma City, Chairman, Committee on
Domestic Justice And Human Development.
Most Reverend Joseph F. Naumann,
Archbishop of Kansas City in Kansas, Chairman, Committee on
Pro-Life Activities.
Most Rev. David A. Konderla,
Bishop of Tulsa, Chairman, Subcommittee for the Promotion,
and Defense of Marriage.