1. FEATURE STORY: PREPARE FOR EQUAL PAY ACCOUNTABILITY AND ENFORCEMENT
According to the U.S. Bureau of Labor Statistics, in 2009, women who worked full-time earned only about 80% of their male counterparts' earnings.
To help address gender-based pay inequities, the National Equal Pay Enforcement Task Force was created. The Task Force is comprised of representatives from the Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), the Department of Labor (DOL), and the Office of Personnel Management (OPM).
Recently, the Task Force released a report that identified five persistent challenges to equal pay progress. It also made specific recommendations on how to address each challenge.
Important: The implementation of the Task Force's recommendations will likely result in increased regulatory and enforcement activity. Audit your pay practices now, or else risk having one or more federal agencies swoop in to do it for you. For guidance on conducting a fair pay audit, read AHI's Free Report: Pay Discrimination Audits: Ensuring Your Organization Is Protected Against Ledbetter Complaints.
Paycheck Fairness Act
Among the Task Force's recommendations was for Congress to pass the Paycheck Fairness Act. The Paycheck Fairness Act would significantly broaden the Equal Pay Act of 1963 by allowing women to receive the same remedies for sex-based pay discrimination as those statutorily available to individuals subjected to race or national origin discrimination. The Act would also bar retaliation against workers who disclose their wages, and would strengthen protections against wage discrimination by clarifying the scope of affirmative defenses.
On the same day the Task Force released its recommendations, President Obama released a statement supporting the Paycheck Fairness Act and strongly urging Congress to pass the legislation (it was passed by the House of Representatives in 2009 but stalled in the Senate).
Increased Enforcement Efforts
The Task Force recommended strengthening the coordination of enforcement efforts between federal agencies. Of particular note, it recommended strengthening coordinated EEOC-DOJ investigation and litigation efforts to improve employers' compliance with wage discrimination laws.
And of interest for employers who are federal contractors: The Office of Federal Contract Compliance Programs (OFCCP) will revise several enforcement practices and will hire more than 200 new employees, most of whom will be Compliance Officers responsible for detecting discriminatory practices.
Data Collection & Employer Education
The Task Force also recommended collecting data on the workforce of private employers, so that it can better understand the scope of the pay gap and target enforcement efforts. Currently, private-sector employers are not required to systematically report gender-identified wage data to the federal government. The Task Force claims that this lack of data makes identifying wage discrimination difficult and undercuts enforcement efforts. It recommends finding ways to collect such wage data from employers without placing unnecessary burdens on employers.
Finally, the Task Force is commited to undertaking a public education campaign to educate all employers on their equal pay obligations, and all employees on their pay equity rights. The EEOC, DOL, and DOJ will evaluate the possibility of developing guidance for employers on evaluating pay disparities in the workplace, with regard to equal pay for equal work and occupational segregation that leads to lower pay for occupations that are female-dominated.
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