Stabenow Stands Up for Victims of Pay Discrimination

Press Release

Stabenow Stands Up for Victims of Pay Discrimination

Denounces Partisan Block of Fair Pay Act

U.S. Senator Debbie Stabenow (D-MI) today expressed her disappointment in yesterday's blockage of the Fair Pay Act. The Senate fell just four votes short of bringing the legislation to the floor for a vote. The Fair Pay Act sought to combat pay discrimination by extending the deadline for victims to take action. Under current law, those affected by workplace pay discrimination, have only 180 days from the date of the first violation to file suit. The extension provided by the Fair Pay Act would assist employees who become aware of pay discrepancies much later.

"It is astounding that in 2008 so many individuals are still being forced to work longer hours than their coworkers over the course of their careers to earn comparable pay," said Stabenow. "In Michigan, the average woman with a college education earns over $20,000 less per year than her male counterpart," she continued. "It is time that we take serious action so that employers who discriminate aren't allowed to continue because of a legal loophole."

The Fair Pay Act sought to correct a Supreme Court decision making it more difficult for victims of pay discrimination to take legal action. Last year, the U.S. Supreme Court decision in Ledbetter vs. Goodyear stated that discrimination can only be filed within 180 days following the last discriminatory raise instead of the last discriminatory paycheck. This sets a nearly impossible standard in the workplace, where employees most likely do not know what their colleagues make and cannot find that information easily. This bill sought to correct this decision, restoring the law to its previous status, allowing victims of such discrimination 180 days from the date of the last paycheck reflecting discrimination.

Other Provisions in the Fair Pay Act:

• Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on the basis of sex, race or national origin.

• Requires employers to provide equal pay for jobs that are equivalent in effort, responsibility and working conditions. The Fair Pay Act would apply to each company individually and would prohibit companies from reducing other employees' wages to achieve pay equity.

• Requires public disclosure of employer job categories and their pay scales, without requiring specific information on individual employees.

• Allows payment of different wages under a seniority system, merit system, or system that measures earnings by quantity or quality of production.

• Allows employees who allege discrimination in wage-setting based on sex, race or national origin to either file a complaint with the EEOC or go to court

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