[Congressional Record Volume 154, Number 130 (Friday, August 1, 2008)]
[Extensions of Remarks]
[Page E1686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         PAYCHECK FAIRNESS ACT

                                 ______
                                 

                               speech of

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Thursday, July 31, 2008

       The House In Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 1338) to 
     amend the Fair Labor Standards Act of 1938 to provide more 
     effective remedies to victims of discrimination in the 
     payment of wages on the basis of sex, and for other purposes.

  Mr. UDALL of Colorado. Mr. Chairman, I rise today in support of H.R. 
1338, the Paycheck Fairness Act.
  As its name suggests, this bill is about fairness. As a nation, we 
have made great strides in promoting fairness in the workplace since 
the Equal Pay Act was passed in 1963. Unfortunately, I do not think the 
language of that bill adequately addresses the problem of gender-based 
wage discrimination. In particular, the language of the Equal Pay Act 
offers little remedy for women who are not being paid equal wages for 
doing equal work.
  The statistics describe precisely why this legislation is needed. 
Despite representing nearly half of the American workforce, and despite 
countless examples of professional women who have ascended to the 
highest levels of any given field, the U.S. Census Bureau estimates 
women still earn only 77 cents for every dollar earned by a man.
  This bill would require that employers, in justifying unequal pay, 
provide evidence-based reasoning that such pay discrepancies are job-
related and necessary for their business. It would help end the secret 
discrimination of unequal pay by prohibiting employers from retaliating 
against employees who share salary information with their coworkers. 
And this bill would dissuade employers from practicing gender-based pay 
discrimination by allowing women to sue for compensatory and punitive 
damages--the same sanctions that already apply to discrimination based 
on race, disability or age.
  There are also some amendments that I think are important to prevent 
unscrupulous people from unfairly taking advantage of the provisions in 
this bill. As I said, this bill is about fairness, so I support the 
amendment from the gentle lady from Arizona, Ms. Giffords, which would 
clarify that a plaintiff would have to show intent to recover any 
punitive damages. I also support the amendment of another good friend 
from Arizona and a fellow supporter of earmark reform, Mr. Flake, which 
would prohibit any funds authorized under this bill from being used for 
Congressional earmarks.
  Women have long proven their equal measure of talent and capacity in 
every corner of the professional world. It's long overdue that they be 
compensated equally as well, so I urge my colleagues to support this 
legislation.

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