Saturday, April 26, 2008

How long will women shoulder the blame for the pay gap?:

The Lilly Ledbetter Fair Pay Act, already passed by the House, would have reinstated the law as it was interpreted by most appellate courts and the Equal Employment Opportunity Commission, i.e., that every single discriminatory paycheck represents a new act of discrimination and that the 180-day period begins anew with every one. Yet 42 members of the Senate—including Majority Leader Harry Reid, but only procedurally to keep the bill alive—voted to block cloture. How can that be? As Kia Franklin notes here: Women in the United States are paid only 77 cents for every dollar earned by men; African-American women earn only 63 cents, and Latinas earn only 52 cents for every dollar paid to white men. Yet the Ledbetter decision tells employers that as long as they can hide their discriminatory behavior for six months, they've got the green light to treat female employees badly forever. Why isn't this problem sufficiently real to be addressed by Congress?

All of which brings us to Sen. John McCain, R-Ariz., who skipped the vote on equal pay altogether because he was out campaigning. (Hillary Clinton and Barack Obama both showed up to support it.) McCain's opposition to the bill was expressed thusly: He's familiar with the pay disparity but believes there are better ways to help women find better-paying jobs. "They need the education and training, particularly since more and more women are heads of their households, as much or more than anybody else." As my colleague Meghan O'Rourke pointed out yesterday, all that is code for the obtuse claim that the fact that women earn 77 cents on the dollar for the same work as men will somehow be fixed by more training for women as opposed to less discrimination by men. Wow. Hey! We should develop the superpowers of heat vision and flight, as well.