[Congressional Record Volume 143, Number 9 (Wednesday, January 29, 1997)]
[Senate]
[Pages S815-S816]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Leahy, Mrs. Boxer, Mrs. Murray, 
        Mr. Inouye, Ms. Mikulski, and Mr. Kerry):
  S. 232. A bill to amend the Fair Labor Standards Act of 1938 to 
prohibit discrimination in the payment of wages on account of sex, 
race, or national origin, and for other purposes; to the Committee on 
Labor and Human Resources.

[[Page S816]]

                        the fair pay act of 1997

 Mr. HARKIN. Mr. President, there is perhaps no other form of 
discrimination that has as direct an impact on the day-to-day lives of 
workers as wage discrimination. When women aren't paid what they are 
worth, we all get cheated.
  The Equal Pay Act of 1963 prohibits sex-based discrimination in 
compensation for doing the same job. However, this statute fails to 
address other components of the pay equity problem such as job 
segregation. Current law has not reached far enough to combat wage 
discrimination when employers routinely pay lower wages to jobs that 
are dominated by women. More than 30 years after the passage of the 
Equal Pay Act, women's wages still lag behind their male counterparts' 
wages. This important issue demands our attention.
  In the last Congress, I introduced the Fair Pay Act so we could close 
the wage gap once and for all. I am reintroducing this legislation in 
the 105th Congress so we can continue to fight for fairness on behalf 
of working families.
  The Fair Pay Act is designed to pick up where the Equal Pay Act left 
off. The heart of the bill seeks to eliminate wage discrimination based 
upon sex, race, or national origin. This important legislation would 
amend the Fair Labor Standards Act of 1938 to require employers to 
provide equal pay for work in jobs that are comparable in skill, 
effort, responsibility, and working conditions. The Fair Pay Act would 
apply to each company individually and would prohibit companies from 
reducing employees' wages to achieve pay equity.
  Wage gaps can result from differences in education, experience, or 
time in the work force and the Fair Pay Act does not interfere with 
that. But just as there is a glass ceiling in the American workplace, 
there is also what I call a glass wall--where women are on the exact 
same level as their male coworkers. They have the same skills, they 
have the same responsibilities, but they are still obstructed from 
receiving the same pay. It's a hidden barrier, but a barrier all the 
same. The Fair Pay Act is about knocking down the glass wall. It's a 
fundamental issue of fairness to provide equal pay for work of equal 
value to an employer.
  Fair pay is a commonsense business issue. Women make up almost half 
of the work force and fair pay is essential to attract and keep good 
workers.
  Fair pay is an economic issue. Working women, after all, don't get 
special discounts when they buy food and clothing for their families. 
They don't pay less for a ticket to the movies or gasoline for their 
cars.
  And fair pay is a family issue. When women aren't paid what they are 
worth, families get cheated too. Over a lifetime the average woman 
loses $420,000 due to unequal pay practices. Such gaps in income are 
life changing for women and their families. The income gap can mean the 
difference between welfare and self-sufficiency, owning a home or 
renting, sending kids to college or to a minimum wage job, or having a 
secure retirement tomorrow instead of scrimping to survive today.
  The Fair Pay Act has already been endorsed by a wide variety of 
groups and organizations. In addition, polling data consistently shows 
that over 70 percent of the American people support a law requiring the 
same pay for men and women in jobs requiring skills and 
responsibilities. The American people want fair pay legislation. Their 
elected representatives ought to want it too.
  I would ask my colleagues to review this important legislation and 
come to me or my staff with any questions you may have. I welcome your 
comments and suggestions and urge your support. It's a simple issue of 
fairness for women to earn equal pay for work of equal value to an 
employer.
 Mr. LEAHY. Mr. President, I am privileged to join Senator Tom 
Harkin to introduce the Fair Pay Act.
  Early in the next century, women--for the first time ever--will 
outnumber men in the U.S. workplace. In 1965, women held 35 percent of 
all jobs. That has grown to more than 46 percent today. And in a few 
years, women will make up a majority of the work force.
  Fortunately, there are more business and career opportunities for 
working women today than 30 years ago. Unlike 1965, Federal, State, and 
private sector programs now offer women many opportunities to choose 
their own future. Working women also have opportunities to gain the 
knowledge and skills to achieve their own economic security.
  But despite these gains, working women still face a unique 
challenge--achieving pay equity. Women currently earn, on average, 28 
percent less than men. That means for every dollar a man earns, a woman 
earns only 72 cents. Over a lifetime, the average woman will earn 
$420,000 less than the average man based solely on her sex. This is 
unacceptable.
  We must correct this gross inequity, and we must correct it now.
  How is this possible with our Federal laws prohibiting 
discrimination? It is possible because we in Congress have failed to 
protect one of the most fundamental human rights--the right to be paid 
fairly for an honest day's work.
  Unfortunately, our laws ignore wage discrimination against women, 
which continues to fester like a cancer in workplaces across the 
country. The Fair Pay Act of 1997 would close this legal loophole by 
prohibiting discrimination based on wages.
  I do not pretend that this act will solve all the problems that women 
face in the workplace. But it is an essential piece of the puzzle.
  Equal pay for equal work is often a subtle problem that is difficult 
to combat. And it does not stand alone as an issue that women face in 
the workplace. It is deeply intertwined with the problem of unequal 
opportunity. Closing this loophole is not enough if we fail to provide 
the opportunity for women, regardless of their merit, to reach higher 
paying positions.
  The Government, by itself, cannot change the attitudes and 
perceptions of individuals or private businesses in hiring and 
advancing women, but it can set an example. Certainly, President 
Clinton has shown great leadership by appointing an unprecedented 
number of women to his administration. Just last week, Madeleine 
Albright became the first woman Secretary of State for the United 
States of America. I am confident she will do a great job, and I look 
forward to the day when a woman reaching this high an office is not 
news simply because of her gender. We are moving toward that day, but 
we are not there yet.
  The private sector also has a long way to go to provide equal 
opportunity. The report released recently by the Glass Ceiling 
Commission found that 95 percent of the senior managers of Fortune 1000 
industrial and Fortune 500 companies are white males. The Glass Ceiling 
Commission also found that when there are women in high places, their 
compensation is lower than white males in similar positions. This wage 
inequality is the issue we seek to address today.
  For the first time in our country's long history, this bill outlaws 
discrimination in wages paid to employees in equivalent jobs solely on 
the basis of a worker's sex. I say it is about time. I commend Senator 
Harkin for introducing the Fair Pay Act, and I am proud to be an 
original cosponsor of it.
  The Fair Pay Act would remedy gender wage gaps under a balanced 
approach that takes advantage of the employment expertise of the Equal 
Employment Opportunity Commission [EEOC], while providing flexibility 
to small employers . In addition, it would safeguard legitimate wage 
differences caused by a seniority or merit pay system. And the 
legislation directs the EEOC to provide educational materials and 
technical assistance to help employers design fair pay policies.
  A few months ago, I was privileged to help organize the first annual 
Vermont Women's Economic Security Conference in Burlington, VT. At this 
conference, I heard about the daily triumph of Vermont women succeeding 
in the workplace, even though many of them are paid below their male 
counterparts. These woman did not complain. No, they are proud to be 
earning a living. But they want to be paid fairly, and they should be 
paid fairly.
  It is a basic issue of fairness to provide equal pay for work of 
equal value. The Fair Pay Act makes it possible for women to finally 
achieve this fundamental fairness. I urge my colleagues to support this 
legislation.
                                 ______