Hutchison: Current Law Gives Victims of Gender-Based Pay Discrimination Fair Legal Recourse

WASHINGTON, D.C. - Sen. Kay Bailey Hutchison (R-TX), who has long supported efforts to eliminate gender-based wage discrimination, today said that current law provides victims of pay discrimination strong legal recourse. Sen. Hutchison opposed a procedural vote to move to the Paycheck Fairness Act, citing concerns that the bill allows for uncapped compensatory and punitive damages and could unduly penalize employers, who are essential to keeping and creating jobs.

“It is critical that victims of gender-based pay discrimination are given a chance to seek legal recourse through the court system. I believe current law, including the Ledbetter Fair Pay Restoration Act, which I supported in 2009, protects against wage discrimination. We must ensure that the legal system is fair to both sides in any disagreement. The bill that failed to win cloture overextends by having no limits for compensatory and punitive damages, which I believe are adequately covered by the Ledbetter Fair Pay Restoration Act,” said Sen. Hutchison

The Paycheck Fairness Act failed to invoke cloture by a vote of 58 – 41. The bill has garnered opposition because it enhances employees’ ability to seek uncapped compensatory and punitive damages for even unintentional discrimination. It also encourages class action lawsuits by forcing employees into class action lawsuits unless they opt out. The proposal could restrict employee pay incentive programs because, by design, such programs pay some employees more than others. This would undermine businesses’ ability to offer performance-based pay, which harms employers and employees alike.

On January 22, 2009, Sen. Hutchison voted to pass the Ledbetter Fair Pay Restoration Act.