[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3944-3945]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         NATIONAL EQUAL PAY DAY

  Mrs. FISCHER. Mr. President, I rise today to discuss the issue of 
equal pay for equal work. Today is National Equal Pay Day, and this 
provides us an opportunity to talk about how we can promote policies 
that will make life easier and more flexible for American families. It 
allows us to celebrate the amazing advancements that women have made.
  Women have an incredibly positive story to tell. We now hold more 
than half of all professional and managerial jobs, double the number 
since 1980. We earn over 55 percent of bachelor's degrees, run nearly 
10 million small businesses, and we serve in Congress at record levels.
  Some may be surprised to see a Republican speaking out to support 
equal pay. My friends on the other side of the aisle have made quite an 
effort to politicize this issue, claiming that Republicans don't care 
about equal pay.
  I am here to state unequivocally that is ridiculous. Equal pay for 
equal work is a shared American value. At its core, equal pay is about 
basic fairness and ensuring that every woman, just like every man, has 
the opportunity to build the life she chooses.
  For over half a century, the Equal Pay Act and the Civil Rights Act 
have enabled women to make significant economic strides. Any violation 
of these important laws are illegal, and they should be punished to the 
full extent of the law. But I believe we can

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also go further. Congress now has the opportunity to recommit itself to 
this issue and ensure that these existing laws are better enforced.
  Our country is stronger today because women have advanced in the 
workforce. There are stories of young women who start off at entry-
level jobs and rise to the top of corporate ranks because someone 
somewhere recognized their potential. There are managers and mentors 
committed to their team. Men and women across the workforce are focused 
on cultivating strengths and providing thoughtful feedback in areas 
that need improvement.
  Unfortunately, there are also stories of pain, discrimination, and 
bias. We all have friends and neighbors, sisters and mothers who were 
treated unfairly at some point in their careers. But silence does not 
foster progress. I want to help every woman and every man put a stop to 
unfair pay practices, and this starts by breaking the barriers to open 
discussion.
  Few realize the extent of this problem. In 2003 the University of 
Pennsylvania conducted a study on how salaries are discussed in the 
private sector. The survey found that over one-third of private sector 
employers have specific rules prohibiting employees from discussing 
their pay with their coworkers. This was reinforced by another survey 
from the Institute for Women's Policy Research. Roughly half of workers 
reported that discussing wages and salaries is either discouraged or 
prohibited and/or could lead to punishment. It went on to note that pay 
secrecy appears to contribute to the gender gap in earnings.
  These studies point to a common problem--one that is fueling anger, 
resentment, and fear. The American workforce is lacking protections for 
employees to engage in this open dialogue about their salaries. People 
are afraid to ask how their salary compares to their colleagues. 
Meanwhile, current law does not adequately protect workers against 
retaliation from employers who want to prevent those conversations 
about their compensation.
  If you want to know how your salary compares to your colleagues, you 
should have every right to ask. This is as basic as the First 
Amendment. Ensuring transparency would not only make it easier for 
workers to recognize pay discrimination, but it would also empower them 
to negotiate their salaries more effectively.
  Wage transparency is not a new initiative. It already enjoys support 
on both sides of the political spectrum. In fact, both President Obama 
and Hillary Clinton are in favor of it. But not all transparency is 
created equal. Earlier this year, the Obama administration proposed a 
new regulation targeting businesses with over 100 employees. The Labor 
Department would use this rule to require businesses to submit large 
amounts of data regarding race, gender, and other statistics to the 
Equal Employment Opportunity Commission. The administration believes 
this will end discrimination.
  I believe this is just another government mandate that intrudes into 
the operations of a private business. We can't discount the burden this 
will put on employers and job creators, and every--every--new 
regulation creates a new cost. I also have real doubts that this raw 
data will give the administration what it is looking for. Instead, it 
does risk presenting a distorted picture of pay data. Moreover, it 
remains unclear how this information would even identify 
discrimination. The data does not take into account other factors, 
including years of experience, education level, and productivity, and 
they are appropriately used to determine a person's wages.
  Looking at big data alone fails to tell the whole story. I am 
concerned that the rigid compensation structures resulting from the 
President's proposal could force businesses to provide employees with 
less flexibility, and that would deal an even greater blow to women. 
The same is true with the Paycheck Fairness Act. While it is very well-
intentioned, it will ultimately hurt flexibility for women to form 
unique work arrangements, and it will undermine merit-based pay. 
Instead, we should be empowering both employers and employees to 
negotiate flexible work arrangements that best meet their individual 
needs.
  I agree we have more work to do on equal pay, but the way we can make 
meaningful and lasting progress isn't through a misguided Executive 
action that could hurt women. To make a difference in the lives of 
working families, we must focus on building bipartisan consensus. I 
have been working hard to do just that by collaborating with my 
colleagues and generating support for my bill, which is known as the 
Workplace Advancement Act.
  I believe every American worker should have the ability to discuss 
compensation without fear of retribution. My legislation breaks down 
the barriers to open dialogue, allowing employees to ask questions and 
gain information. Access to this information could enable workers to be 
their own best advocates and let them negotiate for the salaries they 
feel they deserve. Knowledge is power. By freely discussing their 
wages, workers can negotiate effectively for the pay they want.
  My proposal has received the support of almost every Senate 
Republican and also five Democrats. But as we know all too well, in 
Washington anything that receives bipartisan support stalls with five 
words: It doesn't go far enough.
  The biggest critics of this plan say that it is too modest. They 
claim that transparency is only the first step and that a second step 
would require mandates. But the truth is, meaningful change cannot 
happen without action, and it cannot happen, colleagues, without 
compromise. By its very definition, it requires both agreement and 
accommodation. My bill can make a real difference for American workers, 
and, unlike legislation that is offered by Democrats, my bill can 
actually pass.
  Others would argue that this change is unnecessary because the right 
to discuss salaries is protected under existing law. While it is true 
that certain employees and certain conversations are protected, there 
is no reason why we can't apply the same freedom to all Americans. As I 
discussed previously, surveys suggest that over one-third of private 
sector companies have specific prohibitions in place.
  I am encouraged by the support we have already garnered on both sides 
of the aisle for this bill, the straightforward update to our equal pay 
laws. It is achievable. We are all here to find solutions that both 
Republicans and Democrats can achieve for the American people. An all-
or-nothing attitude--well, that only prevents progress, and it leaves 
us with the false choices and stereotypes that have persisted for 
decades.
  Last week I was encouraged to hear Senator Mikulski and several other 
Democrats hold a press conference and discuss the importance of 
protecting workers against retaliation for discussing their salaries. I 
agree. Protecting workers who seek this information is a crucial step 
toward ensuring that women and men are compensated fairly.
  With that in mind, I call on my friend from Maryland and any other 
Members of this body to work together on solutions to this problem. 
Wage transparency is an area of common ground. Democrats praised the 
President's Executive order in 2014, and my bill goes further: It 
protects more American workers. If we are going to make real, 
meaningful change, we are going to have to work together. We should not 
let raw politics stand in the way of progress for working women.
  Congress has a real opportunity to make a difference for both men and 
women who work hard every day to provide for their families. Above all, 
we can help them succeed and prosper in the workforce while being 
secure in the knowledge they are compensated fairly for their work.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Sullivan). The Senator from Oklahoma.

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