Floor Statements

Mr. Speaker, I rise in support of this legislation, and I would like to address several of the arguments that we have heard against it, first, that this is some bonanza for trial lawyers.

What this is is an opportunity for women who have been discriminated against to get a lawyer. If you work as a sales clerk or in a factory, you can't afford to pay a lawyer the hourly fee that he or she needs to represent you. The only way you are going to get represented is through a contingent fee arrangement where a lawyer would recover, would get to keep part of what you recover as part of the deal.

Now, the problem with the Equal Pay Act is its remedies are limited so much to just twice what your salary is that the damages are never high enough to justify legal representation. This is about getting lawyers for people who have a valid claim who cannot afford the thousands of dollars that it would be.

Second, there was a representation made that defenses are stripped from employers. That's not accurate. What is accurate is that if an employer alleges that some reason other than gender was the reason that he paid the woman less than the man, it has to be a legitimate reason, like level of education or experience. It has to be a legitimate reason. The present law doesn't require that legitimacy.

Finally, the statement was made that an employer cannot discharge an employee for talking about pay scales publicly, that's not accurate. What the law does is to say that it protects employees that are custodians and guardians of pay records. But it certainly doesn't restrict in any way an employer's right to enforce a legitimate and realistic company policy.

This is a good bill. It's an excellent proposal that will help lift the economic status of women who work very hard, every day, in some cases 7 days a week, and deserve it.

I would urge a ``yes'' vote.

Mr. Speaker, I am pleased to yield 1 minute to the gentleman from New Jersey, a member of the committee who has worked very diligently on this issue, Mr. Holt.

Mr. Speaker, I am very pleased to yield 1 minute to the gentlelady who really makes the trains run on time around here, the Chair of the Rules Committee, Ms. Slaughter from New York.

Mr. Speaker, I am now pleased to yield 1 minute to the very hardworking gentlelady from New Hampshire (Ms. Shea-Porter).

Mr. Speaker, I am pleased at this time to yield 1 minute to the gentleman from Michigan (Mr. Peters), one of our new Members who is already delivering justice for the hardworking women of his district.

Mr. Speaker, I am pleased to yield 1 minute to a very strong voice for workers' rights in this country, the gentleman from Ohio (Mr. Kucinich).

Mr. Speaker, may I inquire as to how much time each side has remaining.

Mr. Speaker, at this time I am pleased to yield 1 minute to the gentlewoman from Ohio (Ms. Sutton), a distinguished employment lawyer before she came to this body.

Mr. Speaker, I yield 1 minute to a strong and compassionate voice for working women all over this country, the gentlewoman from California (Mrs. Capps).

Mr. Speaker, at this time I am pleased to yield 1\1/2\ minutes to the very principled and articulate gentleman from Texas (Mr. Edwards).

Mr. Speaker, I am pleased to yield at this time 1 minute to a life-long fighter against discrimination, the gentleman from California (Mr. Honda).

Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson-Lee), who speaks with great authority for constituents and her beliefs.

(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)

Mr. Speaker, may I inquire as to the remaining time left on each side.

Mr. Speaker, I am pleased to yield 1 minute to the gentlewoman from New York City (Mrs. Maloney), a strong advocate of women's rights.

I am pleased to yield 1 minute to a very effective and knowledgeable member of our committee, the gentlewoman from California (Mrs. Davis).

Mr. Speaker, I am pleased to yield 1 minute to a wise and strong voice for the rights of our country, the gentleman from Chicago (Mr. Davis).

Mr. Speaker, I would like to yield 30 seconds to the gentleman from Tennessee (Mr. Cohen), a strong advocate for his constituents.

Mr. Speaker, that is correct. The only remaining speaker is our chairman.

Mr. Speaker, I yield myself the balance of our time.

I want to thank my friend and colleague, Rosa DeLauro, for her hard work on this. And this is the bill that is for the women who are office managers who are being underpaid for the men who are being called executive vice presidents. This is the bill for the women who do the work, make the decisions, shoulder the responsibility but don't get the pay. Now, that's been illegal for 46 years, but that remedy has been wholly ineffective until this bill came along. You couldn't get represented by a lawyer, under the present law, because your damages couldn't be enough because of the cap that were put on damages.

We live in a world where women do the work, take the responsibility, shoulder the burden, but do not get the compensation. This makes the promise of the Equal Pay Act a reality for working women around this country.

I'm proud that in the 19 years she's served in this body, the author of this bill has fought for this bill; and I say to her, to you, Mr. Speaker, and Americans all over this country, it will become law because of what we're about to do here today.

I yield back the balance of my time.

If the Securities and Exchange Commission filed a civil suit against one of the people accused in the Wall Street wrongdoing, and there was a proposal on this floor that said the SEC can spend as much money as it wants to on its side of the case, but the Wall Street defendants accused of the wrongdoing are capped on how much they can spend on their legal defenses, I think the Members in the minority would say that's unfair. It is. So is this.

To interfere in how much lawyers are paid is a matter the judges should take a look at under this law. It's not something this Congress should interfere with. And it frankly, I believe, is a diversionary tactic to take us away from the real purpose of this law, and that's a woman that is selling real estate or teaching school or sweeping floors should make, penny for penny, dollar for dollar, everything a man makes to do the same job. That is the issue before the House.

Let's defeat this diversionary amendment. Let's pass the underlying bill and bring long-awaited justice to American women.

Madam Speaker, I rise today to honor Assistant Dean Eve Klothen for receiving the 2009 Father Robert Drinan Award. This prestigious award is given by the American Association of Law Schools in recognition of outstanding contributions to pro bono activities and public service.

Assistant Dean Klothen's distinguished career has included service as a legal services lawyer in Georgia, director of the Philadelphia Volunteers for the Indigent Program, and director of the Philadelphia Bar Foundation. During Assistant Dean Klothen's service in these positions, she has successfully created programs to help the less fortunate while also mentoring students and young professionals. Assistant Dean Klothen has worked tirelessly over the course of her career to instill the values of public service and expand opportunities for students to participate in pro bono activities. During Assistant Dean Klothen's tenure at Rutgers Law School, she has been central to efforts to create a number of programs, including the Pro Bono Research Project, new pro bono projects in areas such as tax assistance and immigration, and leadership training for students at nearby law schools.

Assistant Dean Klothen's record of serving low income clients in south Jersey and Philadelphia is exceptional. This reputation, along with her remarkable leadership in advising the next generation of outstanding legal minds, clearly demonstrates why Assistant Dean Klothen is very deserving of the 2009 Father Robert Drinan award.

Madam Speaker, I congratulate Assistant Dean Klothen on this achievement and wish her the best of luck in future endeavors.

Madam Speaker, I rise today to commend the Honorable Joel B. Rosen, former United States Magistrate Judge of the New Jersey District, on receiving the 2008 Judge John F. Gerry Award. I consider Joel a close friend and commend him on being honored for his commitment to his profession and his work on behalf of the community.

This prestigious award is named in honor of Judge John F. Gerry who was appointed to the United States District Court for the District of New Jersey by President Gerald Ford in 1974. Judge Gerry became the District Court's Chief Judge in 1987 and served in this position until October 1994. The Camden County Bar Foundation established the John F. Gerry Memorial Scholarship in 2002 as a tribute to the humanitarianism and integrity of this respected public servant.

Judge Rosen's auspicious career began when he served as an Assistant United States Attorney, after graduating with honors from Rutgers School of Law in Camden. As the attorney-in-charge of the United States Attorney's office in Camden, he received several commendations from the Department of Justice for prosecuting organized crime and political corruption. Judge Rosen also served as the Chief of the Special Prosecutions Section as a Deputy Attorney General in the New Jersey Division of Criminal Justice. In 1987, Judge Rosen was sworn in as a United States Magistrate Judge for the District of New Jersey where he served until 2006.

Judge Rosen has also played a noteworthy role in educating the next generation of outstanding legal minds. He has been an adjunct faculty member of Rutgers School of Law, Camden, where he has lectured on class actions and complex litigation. Judge Rosen has also taught constitutional principles at Rutgers University, Camden and has lectured at numerous continuing legal education programs. He is a member of the Disciplinary Oversight Committee and the Committee on Minority Concerns of the New Jersey Supreme Court. Judge Rosen is also a member of the Board of the Association of the Federal Bar of New Jersey.

Madam Speaker, over his distinguished career Judge Rosen has been the recipient of many distinguished service awards. In 1999, The Black Law Students Association presented the Rev. Martin Luther King, Jr. Champions for Social Justice and Equality Award to Judge Rosen. Then, in 2004, Judge Rosen was presented with the Honorable Joseph M. Nardi, Jr. Distinguished Service Award, conferred by Rutgers School of Law, Camden.

Madam Speaker, I have known Judge Rosen for over a decade and have been repeatedly impressed by his intelligence and compassion. He is an excellent role-model for young Americans considering a career in the legal profession. I commend Judge Rosen for his many years of service and wish him the best of luck in his future endeavors.

Madam Speaker, I rise today in strong support of Congresswoman Rosa DeLauro' s ``Breast Cancer Patient Protection Act of 2008,'' H.R. 758. On September 25, 2008, I voted in favor of H.R. 758, which passed the House of Representatives with a vote of 421-2. The Breast Cancer Patient Protection Act will require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations.

The numerous petitions and personal stories issued by Americans prove the need for enactment of Federal legislation to guarantee minimum and adequate benefits for patients with breast cancer. H.R. 758 will prevent hospitals from rushing women out of their facilities after undergoing a mastectomy the same day.

I would like to take this opportunity to make my vote in honor of the late Paula Renfroe, who died 6 years ago due to breast cancer. Like many women in the United States, Paula was rushed out of the hospital a few hours after undergoing a mastectomy. Paula and her family were sent home with a few instructions to follow to change her wound and administer the strong medications provided to her. The Breast Cancer Patient Protection Act will prevent hospitals from forcing families to complete the medical healing process of a loved one to cut costs and instead, allow family members to provide the emotional support to their loved ones so desperately needed during such times.

Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 2982) to amend the Runaway and Homeless Youth Act to authorize appropriations, and for other purposes, and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of H. Res. 870, and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of the resolution (H. Res. 1430) expressing support for the goals of the National Step Up For Kids Day by promoting national awareness of the needs of the children, youth, and families of the United States, celebrating children, and expressing the need to make their future and well-being a national priority, and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of the resolution (H. Res. 135) expressing the sense of the House of Representatives that a National Historically Black Colleges and Universities Week should be established, and ask for its immediate consideration in the House.

I have an amendment to the preamble at the desk.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of the concurrent resolution (H. Con. Res. 416) commending Barter Theatre on the occasion of its 75th anniversary, and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of H. Res. 1413 and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent to take from the Speaker's table the joint resolution (H.J. Res. 62) to honor the achievements and contributions of Native Americans to the United States, and for other purposes, with a Senate amendment thereto, and concur in the Senate amendment.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of the concurrent resolution (H. Con. Res. 405) recognizing the first full week of April as ``National Workplace Wellness Week,'' and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of the resolution (H. Res. 1059) congratulating the Adrian College Bulldogs men's hockey team for winning the Midwest Collegiate Hockey Association regular season title and postseason tournament and for having the best first year win-loss record in Division III history, and ask for its immediate consideration in the House.

I have an amendment to the preamble at the desk.

Mr. Speaker, I ask unanimous consent that the Committee on Education and Labor be discharged from further consideration of H. Con. Res. 239 and ask for its immediate consideration in the House.

I have an amendment at the desk.

I have an amendment to the preamble at the desk.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bills considered during the last few minutes here.