Employment

Rocket ships are popular with the space kids who live at my house. Stomp rockets. Model rockets. Rockets made from empty paper towel rolls and popsicle sticks. No matter what type of rocket, there is always a countdown and there is always a blast off.

Today is the anniversary of the Lilly Ledbetter Fair Pay Act. What better time could there be to get moving on a state-of-the-art plan to rocket to fair pay? Our progress in narrowing the wage gap ground to a halt ten years ago, after two decades of steady improvement. If you're sick and tired of hearing that the typical woman is still paid 77 cents for every dollar paid to the typical man, do the 5-4-3-2-1 countdown with me of what it would take to finally close the wage gap:

5. Ensure that women have the same opportunities and encouragement as men to train for well-paying jobs, many of which are in fields in which women are currently underrepresented. Read more »

This guest-post was written by Lilly Ledbetter.

President Obama signing the Lilly Ledbetter Fair Pay Act.

Four years ago today, President Obama signed the Lilly Ledbetter Fair Pay Act — giving more women the opportunity to challenge pay discrimination in the workplace. That day was incredibly gratifying for me personally, since it meant that no other woman or man would suffer the injustice of learning that they had been paid unfairly for years, and then being told it was simply too late to do anything about it.

Ensuring that women have the tools they need to address pay discrimination is just as important now as it was then. In fact, the wage gap between men and women hasn’t budged in the last ten years, with women still earning 77 cents on average for every dollar earned by the typical man, and that number is worse for women of color. Even a college degree fails to close the gap — a recent AAUW report showed that the wage gap is present at college graduation with women making, on average, 82% of what a man makes.

Numbers and statistics about the progress for women in some areas, and lack thereof in others, made headlines in the 2012 — from the record number of women in Congress to a pointed debate question about the persistence of the wage gap.

To commemorate the fourth anniversary of the Fair Pay Act, here are four facts impacting the fight for equal pay for equal work today:

Four: As I said at the Democratic National Convention [video] in September, what a difference four years make! On January 29, 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act — the first law passed during his presidency. The law ensures that everyone who experiences pay discrimination gets their day in court by restarting the time limit to file a claim with each discriminatory paycheck. Read more »

Four years ago today President Obama signed the Lilly Ledbetter Fair Pay Act into law, restoring the law that existed for decades in virtually every region of the country prior to the 5-4 Supreme Court decision in Ledbetter v. Goodyear Tire and Rubber Co. The importance of the Ledbetter Act cannot be overstated – in the last 4 years, workers have once again been able to challenge unfair pay in court and pay discrimination claims around the country have been restored.

But even four years ago at the signing of the bill that bears her name, Lilly Ledbetter said the following: “With this bill in place, we now can move forward to where we all hope to be – improving the law, not just restoring it.” Those words are especially true today. The most recent data shows that woman working full time, year round are paid 77 cents for every dollar paid to their male counterparts. This is a statistic that is unchanged from not only four years ago, but this gap has remained the same for a decade. For women of color, it’s much worse, with the typical African-American woman paid 64 cents and the typical Latina woman paid 55 cents for every dollar paid to a white, non-Hispanic man. A gap in wages occurs at all education levels, after work experience is taken into account, and it gets worse as women’s careers progress.

If we pair these disturbing statistics with the severe limits to existing laws and policies it is even grimmer. Workers are frequently left in the dark about wage disparities, a problem that is exacerbated by employers that penalize their employees for revealing or discussing wages. In addition, even when women somehow muster enough information to prove discrimination, the remedies are extremely narrow. This means that there are too few incentives for employers to voluntarily comply with the law, and engaging in pay discrimination can be simply an unfortunate “cost” of doing business. Read more »

One year ago, President Obama announced new regulations proposed by the Department of Labor (DOL) that would grant minimum wage and overtime pay to home care workers, a workforce that has been unfairly denied these basic protections for decades. In his remarks last December, he described a day he spent with Pauline Beck, a home care worker from Oakland, California:

“When we met, she was getting up every day at 5:00 a.m. to go to work taking care of an 86-year-old amputee named ‘Mr. John.’ And each day, she’d dress Mr. John and help him into his wheelchair. She’d make him breakfast. She’d scrub his floors. She’d clean his bathroom. She was his connection to the outside world. And when the workday was done, she would go home to take care of a grandnephew and two foster children who didn’t have families of their own. Heroic work, and hard work. That’s what Pauline was all about.”

Pauline’s story is illustrative. Like Pauline, most home care workers are women. They take on the vitally important work of caring for our neighbors and family members who need help to stay in their homes – and like Pauline, many home care workers also have their own families to support. But for decades, their difficult and demanding jobs have come without the basic protections of the federal minimum wage and overtime laws. Read more »

When I saw the headlines recently about Kate Middleton being rushed to the hospital for treatment of hyperemesis gravidarum, a severe pregnancy-related complication, I immediately thought of my mother.

When I was three and my mom was pregnant with my brother, she was very sick. I was too young to really understand it, but I did know that she was throwing up nonstop and that every day a woman came to give her an I.V. What she was suffering from was more than morning sickness: it was hyperemesis. The I.V. my mother got prevented her from becoming too dehydrated or malnourished while her body literally could not keep down any food, and she was on bedrest for months.

Although we didn’t have the same resources available to Kate Middleton, whose hyperemesis is currently making international news, my mother was still luckier than many women who are diagnosed with this condition. She worked at a medical school library, and her supervisors accommodated her need for leave and gave her a reduced schedule once she was able to return to work. Women like Saonarah Jeudy have not been so lucky.

Jeudy was working as a prison guard when she became pregnant. Not only did she suffer from hyperemesis, she also had painful fibroid tumors. Read more »

Today the Supreme Court is hearing argument in Genesis HealthCare Corp. v. Symczyk. In this case, the plaintiff, Laura Symczyk, alleges that her nursing home employer violated the Fair Labor Standards Act by deducting a 30-minute lunch break from her wages and the wages of her coworkers, regardless of whether they worked during their scheduled breaks.

The question before the Court is whether an employer’s offer of settlement to the named plaintiff in a class action alleging company-wide violations of the Fair Labor Standards Act (FLSA) can end the case, when the employer makes the settlement offer before any of the named plaintiff’s coworkers have a meaningful opportunity to join the case. If the Court’s answer to this question is yes, then employers will have the power to shut down class actions challenging wage and hour violations before they begin, leaving other affected employees without the chance to have their claims heard.

Such a holding would undermine the intent of the FLSA which was to protect vulnerable workers from exploitation and abuse. When Congress passed this landmark legislation in 1938 it provided for “collective actions” through which groups of workers could band together to enforce their rights. Read more »

In what some may see as a modern version of “David and Goliath,” the women of Wal-Mart have fought for over a decade to challenge the discriminatory pay and promotion practices of the mega-retailer, which is located in all 50 states and Puerto Rico and is the largest private employer in the U.S. Last year, adding insult to alleged injury, the Supreme Court denied class certification in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011) – finding that the plaintiffs failed to satisfy the “commonality” requirement for class actions when they failed to provide proof that “[Wal-Mart] operate[d] under a general policy of discrimination.” The decision dealt a strong blow to those who would seek to become modern-day “Davids” – leading NWLC’s Co-President, Marcia Greenberger, to issue the following statement:

"Today’s ruling undermines the very purposes of the class action mechanism and is tantamount to closing the courthouse door on millions of women who cannot vindicate their rights one person at a time. The women of Wal-Mart — and women everywhere — will now face a far steeper road to challenge and correct pay and other forms of discrimination in the workplace."

The plaintiffs subsequently limited the size of their class by region – new class actions were filed in California and Texas, and complaints were filed with the EEOC in 48 states – and cut out women who held certain positions in response to the Supreme Court decision. Read more »

The Pregnant Workers Fairness Act was introduced in the Senate last week. To help you learn more about the legislation and why it’s critically important to pregnant workers, here are five fast facts about pregnancy and the workplace.

1) Neither the Pregnancy Discrimination Act nor the Americans with Disabilities Act explicitly require employers to provide minor workplace accommodations if pregnant employees need them.

While the Pregnancy Discrimination Act extends Title VII employment discrimination protections to pregnant employees, all too often courts have held that it does not protect women who need minor adjustments on the job during pregnancy, such as being permitted to carry a water bottle, take more frequent bathroom breaks, or get a temporary reprieve from heavy lifting — unless the pregnant woman can point to someone else doing exactly the same work who needed and received exactly the same job adjustments but who wasn't pregnant. It will often be impossible to find this nonpregnant identical twin. The Americans with Disabilities Act also doesn't apply, because pregnancy itself is not a disability (although pregnancy complications, like preeclampsia or gestational diabetes, can be).

2) The United States does not have a federal law requiring paid medical or parental leave.

Although the Family and Medical Leave Act (FMLA) provides twelve weeks of unpaid leave during which your employer, if large enough to be covered by the law, will save your job, most employers don't provide paid medical or family leave, and very few workers in low-wage jobs have access to more than a few days of paid leave for medical needs. Read more »

Heather got fired from Wal-Mart for carrying a water bottle.

Natasha was forced onto unpaid leave and then fired because her district manager at Rent-A-Center found out she needed help with occasional heavy lifting on the sales floor.

Sarah* lost her job at a fast food restaurant for taking bathroom and water breaks.

What do all of these women have in common? They were all pregnant.

All they needed were minor adjustments to continue safely working during pregnancy.  They didn’t get these adjustments.  And they all lost their jobs because of it.

The Pregnant Workers Fairness Act would put an end to this absurdity. Senators Bob Casey and Jeanne Shaheen will introduce the bill in the U.S. Senate today. Representative Jerrold Nadler introduced the PWFA in the U.S. House of Representatives in May, and it now has more than 100 co-sponsors. Public health organizations, business organizations, women’s organizations, worker organizations, and religious groups have lined up in support as well.

The PWFA would make it illegal to fire a pregnant employee who requests a reasonable accommodation – such as a water break, bathroom break, or modification of a lifting requirement. Pregnant workers would have the same rights to temporary accommodations on the job that are available to workers with disabilities.

Why do we need this bill? Stories like the ones above sound like they are from the Dark Ages, right? Before the Pregnancy Discrimination Act of 1978 made it illegal to discriminate against pregnant workers, women were expected to quit their jobs when they became pregnant. Back then, pregnancy was widely regarded as a disabling condition. Read more »

Zoe Saldana, the star of basically every movie I love (including Center Stage … so sue me. I’m a sucker for a story of dedication to the arts, cutting edge ballet-rock-operas and really handsome male ballerinas) recently sat down and spoke with Amanda de Cadenet about women in Hollywood and entertainment. She made some really great points that apply to women in the workplace across a number of fields.

Saldana makes an excellent point: men and women aren’t equal in the movie/film industry – or in most workplaces nationwide. Read more »