Ensuring Equal Pay for Women in the Workplace

Although the wage gap between men and women has narrowed since the passage of the landmark Equal Pay Act in 1963, gender-based wage discrimination remains a problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 77 cents for every dollar earned by a man. The Institute of Women’s Policy Research found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages.

Loopholes created by courts and weak sanctions in the law have allowed many employers to avoid liability for engaging in gender-based pay discrimination. The Paycheck Fairness Act (H.R. 1338), introduced by Rep. Rosa DeLauro and passed by the House on July 31, 2008 by a vote of 247-178, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.

The Paycheck Fairness Act:

• Requires that employers seeking to justify unequal pay bear the burden of proving that its actions are job-related and consistent with a business necessity.
• Prohibits employers from retaliating against employees who share salary information with their co-workers.
• Puts gender-based discrimination sanctions on equal footing with other forms of wage discrimination – such as race, disability or age – by allowing women to sue for compensatory and punitive damages.
• Requires the Department of Labor to enhance outreach and training efforts to work with employers in order to eliminate pay disparities.
• Requires the Department of Labor to continue to collect and disseminate wage information based on gender.
• Creates a new grant program to help strengthen the negotiation skills of girls and women.

Support for H.R. 1338

American Association of University Women »
(PDF, 52KB)

Equal Rights Advocates »
(PDF, 217KB)

National Committee on Pay Equity »
(PDF, 70KB)

National Women's Law Center »
(PDF, 69KB)

Wider Opportunities for Women »
(PDF, 67KB)