OFCCP Outlines Agency Priorities for 2016

In Other News from the DOL Blog

Speaking before the Practicing Law Institute in New York on Feb. 3, Patricia Shiu, director of the Office of Federal Contract Compliance Programs, discussed the future of the OFCCP.  Shiu noted there will be “a continued emphasis on systemic enforcement … and an ongoing commitment to excellence, professionalism and integrity in all of our endeavors.” More than 200 people attended the meeting or listened to remarks via webcast. Earlier in the week, Shiu addressed the Agency Liaison Meeting at the American Bar Association Section of the Labor and Employment Law Equal Employment Opportunity Committee in Washington, D.C., where she was joined by Equal Employment Opportunity Commission Chair Jenny Yang and Justin Levitt, the Department of Justice’s Deputy Assistant Attorney General in the Civil Rights Division, to discuss interagency coordination. The two events came on the heels of an announcement that the EEOC will propose revisions to the Employer Information Report requiring employers with 100 or more workers to report pay data.

Read the actual proposal here.  Comments on this notice must be submitted on or before April 1, 2016.

Executive Order -- Establishing Paid Sick Leave for Federal Contractors

September 7, 2015

President Obama signed an Executive Order establishing Paid Sick Leave for Federal Contractors.  Section 1 of the Policy states, "This order seeks to increase efficiency and cost savings in the work performed by parties that contract with the Federal Government by ensuring that employees on those contracts can earn up to 7 days or more of paid sick leave annually, including paid leave allowing for family care." 

The Executive Order requires federal contractors to offer their employees up to seven days of paid sick leave per year.  The President is calling on Congress to pass legislation expanding paid sick and family leave, and he will announce new Department of Labor rules giving federal contract workers new tools to demand equal pay.

EXPANDING SICK LEAVE AND OTHER ACTIONS FOR WORKERS
1.      Guaranteeing Sick Leave for Federal Contract Workers: While roughly 60 percent of workers are eligible under the Family and Medical Leave Act (FMLA) to take unpaid, job-protected leave for family and medical reasons for more extended absences, many workers are without coverage for shorter-term health care needs and others may not be able to afford to stay home sick if it means the loss of pay.
2.      Calling on Congress to Expand Leave to Millions More Workers: In addition to issuing Monday's Executive Order, the President is renewing his call for Congress to pass the Healthy Families Act, which would require all businesses with 15 or more employees to offer up to 7 paid sick days each year.  He is calling for the passage of federal legislation guaranteeing every working American paid family and medical leave to care for a new child, a seriously ill family member, or their own serious illness.  The Department of Labor is also releasing a report, “The Cost of Doing Nothing ” that explores the costs to workers, families, businesses, and the nation of not taking action to expand paid family and medical leave to millions of workers without it today.
3.      Strengthening Rights to Equal Pay: Women are the primary breadwinners in 40 percent of U.S. children, but the typical woman makes about 78 percent of what the typical man makes – which means less for families’ everyday needs, less for investments in our children’s futures, and, when added over a lifetime of work, substantially less for retirement. The President is announcing that this week the Department of Labor will publish a final rule prohibiting federal contractors from discriminating against employees and job applicants who choose to discuss their compensation.  The rule – issued under an April 2014 Executive Order – does not compel workers to discuss pay. However, it provides a critical tool to encourage pay transparency, and make it easier for workers to recognize pay discrimination and seek appropriate remedies.

Read the Executive Order here
Source: White House Press Release

Savannah River Nuclear Solutions to pay employees in wage discrimination settlement

Investigators find federal contractor underpaid some female and African American workers

 

Savannah River Nuclear Solutions will pay $234,895 and review its personnel policies to resolve allegations of systemic pay discrimination at its site in Aiken. A compliance review by the U.S. Department of Labor's Office of Federal Contract Compliance Programs found that the management company for the Savannah River nuclear site discriminated against women in some engineering, technical and administrative positions. The review also determined that African Americans were underpaid in certain operation specialist positions.

"Workers often don't know how their pay compares with that of their colleagues, so discrimination like this can go undetected. That's why OFCCP's ability to conduct audits of contractors' pay practices is critical to closing pay gaps based on race and gender," said OFCCP Director Patricia A. Shiu, who represents the department on President Obama's National Equal Pay Enforcement Task Force.

OFCCP investigators determined that from 2009 to 2010, Savannah River paid 57 female employees less than their male counterparts, and 15 African American employees less than their white counterparts. The agency found a statistically significant difference in pay even after taking into account legitimate factors affecting pay. The company denied liability, but entered into a conciliation agreement to resolve the alleged violations.

"Women and African Americans are underrepresented in the science, technology, engineering and mathematics professions. It is disturbing that at Savannah River, we found that many were employed in a STEM job, but were paid less than male or white counterparts because of discrimination," said OFCCP Southeast Regional Director Samuel Maiden.

Executive Order 11246 mandates that federal contractors must not discriminate in pay or other compensation on the basis of sex or race. Savannah River is a federal contractor.

In addition to back pay, the company will evaluate whether promotion decisions, performance evaluation ratings, procedures for assigning work, training opportunities, leave policies, assigning applicants to jobs, and limiting job transfers have a negative effect on compensation of women and African Americans.

Savannah River will also develop new policies to eliminate practices that affect compensation of women and African Americans adversely. The company will conduct an annual compensation analysis during the term of the conciliation agreement. If the analysis shows systemic race- or gender-based pay disparities, Savannah will increase the salaries of women and African Americans.

A partnership of Fluor Corp., Honeywell International Inc. and Newport News Nuclear Inc., Savannah River Nuclear Solutions has a contract to maintain and operate the Savannah River site, a nuclear reservation built in the 1950s. It is the only source for new tritium gas for the U.S. nuclear weapons stockpile and the corporate laboratory for the U.S. Department of Energy's environmental management work, which includes nuclear material disposition, waste management and environmental cleanup. Obligated contract amounts range from $2.5 billion in 2009 to $948 million in 2014 and more than $500 million in 2015.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Lahey Clinic settles pay discrimination case with US DOL

Massachusetts medical center will pay $190K in back wages, interest
and salary adjustments to 38 underpaid female housekeepers

Lahey Clinic Hospital, Inc. will pay $190,000 to resolve allegations of systemic pay discrimination at its medical center in Burlington, Massachusetts. A compliance review by the U.S. Department of Labor's Office of Federal Contract Compliance Programs found that Lahey Clinic discriminated against 38 female housekeepers by paying the women 70 cents less per hour than their male counterparts.

"While 70 cents might not seem like much, over the course of a year it adds up to a $1,500 disparity," said OFCCP Director Patricia A. Shiu, a member of President Obama's National Equal Pay Task Force. "Workers don't often know how their pay compares with that of their colleagues, and discrimination like this is often hidden. That's why OFCCP's ability to audit and review contractors' pay practices is critical to closing the pay gap once and for all."

OFCCP investigators determined that, from 2010 to 2012, the Lahey Clinic failed to pay certain female housekeepers — predominantly Haitian, Creole-speaking African Americans — at the same rate as their male counterparts. Executive Order 11246 mandates that federal contractors like the Lahey Clinic must not discriminate in pay or other forms of compensation on the basis of sex. In its agreement with OFCCP, the Lahey Clinic will pay the affected women $190,000 in lost wages, interest and salary adjustments.

A nonprofit hospital and medical center, the Lahey Clinic has more than 5,300 employees and serves almost 3,000 patients daily. Since 2012, the clinic has received $815,000 in federal contracts from the Health Resources and Services Administration at the U.S. Department of Health and Human Services. In 2009, Lahey paid $136,000 to settle OFCCP's allegations of hiring discrimination affecting 18 minorities — mostly Hispanic and Asian Americans — who applied and were rejected for secretarial positions.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Equal Pay Report would help combat pay discrimination

Rule to collect summary pay data from federal contractors proposed by US Labor Department 

 

The U.S. Department of Labor today announced a proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs. Under the terms of the proposal, this requirement would apply to companies that file EEO-1 reports, have more than 100 employees and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days. Through the Equal Pay Report, OFCCP would be able to collect summary employee pay and demographic data using existing government reporting frameworks.

President Obama signed a presidential memorandum on April 8 instructing the secretary of labor to propose a rule within 120 days to collect summary compensation data from federal contractors and subcontractors. The proposal tabled at the Federal Register today reflects criteria set forth by the president to maximize the efficiency and effectiveness of OFCCP’s enforcement programs, minimize the burden placed on federal contractors, and use data to encourage greater voluntary compliance with the law. The proposed Equal Pay Report would also help OFCCP direct its enforcement resources toward contractors whose summary compensation data suggests potential pay violations.

The rule will be published in the Federal Register on Aug. 8, and all comments must be received by Nov. 6, 2014. To read and comment on the proposed rule, please visit http://www.dol.gov/ofccp/EPR.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Extended Stay Hotels to Settle EEOC Pay Discrimination Lawsuit

Hotel Paid Women Less Than Male Employees, Federal Agency Charged

 

Extended Stay Hotels will pay $75,800 and provide significant equitable relief to settle a pay discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

According to the EEOC's suit, Extended Stay Hotels paid Latoya Weaver less than male guest services representatives, including some newly hired male guest services representatives, at the hotel's Lexington Park, Md., location. The EEOC further charged that Extended Stay Hotels unlawfully paid other female employees lower wages than those paid to male employees for performing equal work.

Such alleged conduct violates the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. HVM L.L.C., D/B/A Extended Stay Hotels, Civil Action No. 8:13-cv-01980) in U.S. District Court for the District of Maryland, Greenbelt Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

In addition to the $75,800 in monetary relief to Weaver and three other class members, the two-year consent decree resolving the lawsuit enjoins Exended Stay Hotels from engaging in wage discrimination based on sex in the future. The hotel will provide annual training on federal anti-discrimination laws, report to the EEOC about its handling of any wage discrimination claims and post a notice on this settlement.

"Wage discrimination has a pernicious effect on all workers, and often has a profound impact on the economic security of lower-income workers," said District Director Spencer H. Lewis, Jr. of the EEOC's Philadelphia District Office. "This settlement addresses pay disparities and includes equitable provisions that should prevent pay discrimination in the future."

EEOC Regional Attorney Debra Lawrence added, "Remedying gender-based pay discrimination is a priority issue of the EEOC. It is a matter of fundamental fairness that women should be paid the same wages as men when they are doing equal work."

According to its website, http://www.extendedstayhotels.com, Extended Stay Hotels owns and operates nearly 700 hotels across the United States and in Canada.

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by the EEOC's Strategic Enforcement Plan.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Mad Men, Working Women and Fair Pay

by Patricia Shiu on January 29, 2014

President Obama demonstrated his commitment to equal pay with the first bill he signed as president: the Lilly Ledbetter Fair Pay Act on Jan. 29, 2009. In his State of the Union address five years later, President Obama again made a forceful argument for equal pay.

“Today, women make up about half our workforce,” he said. “But they still make 77 cents for every dollar a man earns. That is wrong, and in 2014, it’s an embarrassment. A woman deserves equal pay for equal work. … It’s time to do away with workplace policies that belong in a ‘Mad Men’ episode.”
 
Lilly Ledbetter went for years without knowing she was the victim of pay discrimination. Unfortunately, her experience is all too common. So, at the Labor Department we are working to make it easier for women to learn about the pay gap and to take action to protect their rights. We’ve developed several tools to help women ensure that they’re receiving fair wages, such as the web and Smartphone apps developed in our 2012 Equal Pay App Challenge.

We’re also working very hard to make sure that employers abide by the law when it comes to paying their workers fairly. At the Office of Federal Contract Compliance Programs, while conducting audits we regularly collect and analyze data about how workers are being paid in order to find the “hidden discrimination” that they – like Ledbetter – don’t know about. Over the last four years, we have built up a pretty impressive record of fighting pay discrimination and winning, and winning and winning some more. I believe that trend will continue as we go forward.

Before I joined the Obama administration, I spent 26 years representing workers who had been affected by discrimination. And one thing I am sure of is that the best way to ensure equal pay is for workers to take an active role – to be their own best advocates.

With that in mind, here are three things every woman, and man, can do to mind the (pay) gap:

1. Know your worth. Do your research, be aware of company and industry pay trends and don’t be afraid to negotiate for the salary and benefits you deserve.

1. Know your rights. Title VII of the Civil Rights Act of 1964, Executive Order 11246 and the Equal Pay Act of 1963 are three key laws designed to eliminate pay discrimination. Learn what those laws require and how they apply to you.

1. Take Action. If you are concerned that you are not being paid fairly, we are here to help.

Closing the pay gap is not easy nor is it the job of any one entity. In other words, we can’t do this alone.

Obama encouraged the nation to work together to address the economic challenges women face, saying: “This year, let’s all come together – Congress, the White House, and businesses from Wall Street to Main Street – to give every woman the opportunity she deserves. Because I firmly believe when women succeed, America succeeds.”

We agree.

At OFCCP, we will continue to make sure that employers understand and live up to their responsibilities under the law. We will also keep providing the information workers need to be their best advocates. Because getting to fair pay takes more than one agency or one advocate or one tool – it’s everyone’s job.

Patricia Shiu is the director of the department’s Office of Federal Contract Compliance Programs.

An Invitation to Action: Commemorating a Historic Report on the Status of Women

by Latifa Lyles on December 7, 2013

This week in the Women’s Bureau, we’re commemorating the 50^th anniversary of “American Women: The Report of the President’s Commission on the Status of Women.” The commission was a major federal initiative launched during the Kennedy administration that focused on women’s status in society − with labor issues front and center. Esther Peterson, the head of the Women’s Bureau at the time, helped lead the commission and oversee the report’s creation.

We hope you can join us via live webcast 9 a.m. Tuesday morning, Dec. 10, as we kick off our celebration with a panel discussion on the status of women in today’s economy.

So just what has changed in 50 years?

- In 1963, women only made up one-third of the labor force. Today, women represent approximately half.

- In 1963, twice as many women did not even complete high school compared with those who completed any level of postsecondary education. Today, more than half of all women have completed at least some postsecondary education!

- In 1963, women only earned 59 cents for every dollar that a man made. Today this wage gap still exists, but there has been a little progress: for every dollar paid to a man, a woman is paid about 77 cents when the calculations are based on annual earnings, and more like 81 cents based on weekly wages.

To learn more about the “American Women” report, read it in its entirety here, or watch this short video explaining the motivation behind the commission’s creation.

And if you’re on Twitter, use the hashtag #PCSW50 to share your thoughts on the status of women today and what more needs to be done. We look forward to hearing from you!

Latifa Lyles is acting director of the Labor Department’s Women’s Bureau.

This information is intended to be educational and should not be considered legal advice on any specific matter.

EEOC Sues Checkers for Pay Discrimination

Restaurant Chain Paid Female Managers and Cashiers Less Than Males, Federal Agency Says

 

Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying women less than men and scheduling them for fewer hours than their male counterparts because of gender, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

EEOC General Counsel David Lopez said, "This case demonstrates the significance of the agency's strategic enforcement plan, reminding employers that the agency will exercise its authority to eliminate sex-based wage disparities in the workplace."

According to the EEOC's suit, LaToya Snyder began working as a cashier/sandwich maker at the company's Checkers restaurant in West Philadelphia and was promoted to a shift manager position in 2010. The EEOC charges that Checkers routinely paid Snyder and other female shift managers lower wages than male shift managers even though they performed the same duties, including giving assignments and directions to other employees and scheduling and approving breaks. Checkers also paid female cashiers/sandwich makers less than their male counterparts even though they did substantially equal work, according to the lawsuit.

The EEOC further charges that Checkers suppressed the wages of Snyder and other female shift managers and cashiers/sandwich makers by scheduling them for 20 to 25 hours per week, even though they had requested full-time hours, while their male counterparts routinely were scheduled to work, on average, more than 30 hours per week. The general manager also required female employees to leave work early if the restaurant was not busy while male employees were permitted to work a full eight-hour shift.

Such alleged conduct violates the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. Market Burgers, L.L.C., d/b/a Checkers, Civil Action No. 13-cv-4651) in U.S. District Court for the Eastern District of Pennsylvania after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The EEOC is seeking injunctive relief prohibiting Checkers from paying female employees lower compensation than their male counterparts for performing equal work. The agency also seeks equitable relief that provides equal employment opportunities for women, as well as lost wages, compensatory and punitive damages and other affirmative relief for Snyder and other similarly situated female employees who were harmed by the restaurant's discriminatory conduct.

"These women were subjected to a double whammy of discrimination," said District Director Spencer H. Lewis, Jr., of the EEOC's Philadelphia District Office. "They were paid a lower hourly wage and regularly scheduled for fewer work hours than their male counterparts. That's why we redoubled our efforts to win justice for them."

EEOC Regional Attorney Debra M. Lawrence added, "The EEOC is strongly committed to enforcing the equal pay laws and will take whatever action necessary to defend people's rights in the workplace."

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by the EEOC's Strategic Enforcement Plan.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

From the Locker Room to the Courts of Wimbledon: The Path to Gender Equality

by Latifa Lyles on July 15, 2013

We know about her four Olympic gold medals. We know about her five Wimbledon championships. And we know about her similarly notable sister Serena. But what many people don’t know about Venus Williams is that she changed professional tennis forever.

Starting in 2005, the tennis player began challenging the age-old practice of paying women tennis players less money than men at Wimbledon, the oldest tennis tournament in the world. ESPN’s new documentary “Venus Vs.” captures Williams’ battle to convince Wimbledon officials that women deserved financial parity with their male counterparts.

“It was time for them to treat women equally and to pay equal prize money,” Williams said.

It was a fight she ultimately won two years later.

I recently had the opportunity to introduce both “Venus Vs.” and another documentary, “Let Them Wear Towels,” at their Washington, D.C., premiere hosted by the Center for American Progress. As I explained to a packed audience, sports play a major role in our social and cultural fabric. As a junior and high school athlete, having my family – parents, uncles and brothers – rooting for me from the bleachers provided an experience and feeling of support that has been unmatched in my life.

“Let Them Wear Towels” tells the stories of women sports journalists who broke into the “boys club” of the professional sports locker rooms in the 1960s and 70s. Today, in the fields of news analysis, reporting and corresponding, women are approaching parity with men. In 2012, women constituted 45.7 percent of those employed in these occupations. Nevertheless, they still face challenges.

Both “Venus Vs.” and “Let Them Wear Towels “are part of ESPN’s “Nine for IX” film series that features nine documentaries by nine female directors commemorating the anniversary of Title IX, part of the Education Amendments Act of 1972.

Title IX paved the way for women athletes like Williams and changed athletics and professional sports forever. It required that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Those 37 words have ensured a level playing field for millions of women and girls in athletics. And one statistic proves that point: The number of girls who competed in high school sports nationwide increased to 3.2 million in 2010-2011 from 295,000 in 1972 when Title IX was signed into law.

Title IX hasn’t just provided athletic opportunities; it fosters aspirations and a new kind of childhood to many girls like my daughter, who is part of a group of unbelievably small toddler soccer players. Because of Title IX, my daughter and other young girls will never have to limit their dreams.

While it’s most widely known for its impact on women and girls in sports, Title IX has been a game changer for millions, by preventing discrimination and increasing women’s access to educational opportunities that have dramatically increased their ability to compete in the labor force, excel in new career fields and prepare for the jobs of tomorrow.

As President Obama said in his 2012 op-ed on the impact of Title IX, “The women who grew up with Title IX now pioneer scientific breakthroughs, run thriving businesses, govern states, and, yes, coach varsity teams. Because they do, today’s young women grow up hearing fewer voices that tell them ‘You can’t,’ and more voices that tell them ‘You can.’”

As we look at the journey of those who helped us get to where we are today, let’s celebrate how far we’ve come and remember that we must continue to fulfill the pledge of Title IX by supporting equal access for women and girls.

Latifa Lyles is acting director of the Labor Department’s Women’s Bureau.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

What Women Want: Equal Pay

by Laura Fortman and Latifa Lyles and Patricia Shiu on June 10, 2013

Fifty years ago today, President Kennedy signed the Equal Pay Act into law. At that time, the U.S. workforce included nearly 25 million women – a third of all U.S. workers. Yet women earned an average of 59 cents on the dollar compared to their male colleagues.

“Our economy today depends upon women in the labor force,” Kennedy said when he signed the law in 1963. At that time, as incredible as it seems today, it really was legal to pay a woman less money to do the same work as a man. By signing the Equal Pay Act, Kennedy amended the Fair Labor Standards Act of 1938 and made it illegal to discriminate against women in the payment of wages.

Until 1978, when President Carter transferred enforcement responsibility to the Equal Employment Opportunity Commission, the Department of Labor enforced the act. Over 15 years, the department recovered a total of approximately $170 million in back wages for about 280,000 employees who had been denied equal pay. Today, the EEOC continues that work.

We have seen progress over the past 50 years, but not enough. Today in America, for every dollar paid to a man, a woman is paid about 77 cents when the calculations are based on annual earnings, and more like 81 cents based on weekly wages. (Click here for an explanation of the different estimates.) For women of color and women with disabilities, the wage gap is even larger.

This reality has major implications for women’s ability to afford essentials like food, housing and gas. Now more than ever, American families rely on the wages of women. Although women make up nearly half of the U.S. labor force and a growing percentage of household breadwinners, the wage disparity between women and men has persisted.

In 2010, President Obama created the National Equal Pay Task Force to ensure that equal pay laws are vigorously enforced throughout the country. By collaborating with our partners from the U.S. Equal Employment Opportunity Commission, Office of Personnel Management and the Department of Justice, the Department of Labor seeks to ensure working women are fairly compensated for their work.

As we chart the equal pay agenda for the next half-century, we look at strategies that empower workers to know their worth. One of the biggest obstacles to combating pay discrimination is that so many women do not know they are being underpaid due to discrimination. To address the policies and “norms” that result in pay secrecy, the administration and the task force continue to focus on the importance of collecting better data on pay.

Closing the pay gap once and for all will help millions of women and their families right now, but it also has implications for the economic future of our country. We must enable government worker protection agencies to collaborate and coordinate more effectively, and we will encourage employers to take responsibility for ensuring our nation’s workplaces offer fair pay to all workers.

Enforcement of existing civil rights laws, including the Equal Pay Act, will help. But those laws also leave gaps that must be filled. That’s why it is imperative that Congress pass the Paycheck Fairness Act, which would address loopholes in existing law, strengthen remedies for pay discrimination, increase outreach and education to working women, provide technical assistance to small businesses, ensure that employees can discuss their wages without risk of being fired, and provide additional research and resources to fight pay inequity. And we must continue to address pay discrimination within a broader framework of practices that may limit the full economic participation of women workers.

Today we attended a White House event to commemorate this important day, and our regional Labor Department colleagues are recognizing it at events around the country. As we pause to honor the anniversary of this landmark civil rights law, we also pledge to continue working until the promise of the Equal Pay Act is fulfilled.

Learn more about this issue on the department’s equal pay page or the White House’s equal pay portal.

Laura Fortman is the deputy administrator of the Labor Department’s Wage and Hour Division. Latifa Lyles is the acting director of the department’s Women’s Bureau. Patricia Shiu is the director of the department’s Office of Federal Contract Compliance Programs.

50 Down, 50 to Go? Myth Busting the Pay Gap Revisited

by Pamela Coukos on June 7, 2013

Even though equal pay for women is a legal right, it is not yet a reality. President Kennedy signed the Equal Pay Act almost exactly a half-century ago, on June 10, 1963. The very next year Congress passed Title VII of the Civil Rights Act of 1964, which banned sex discrimination at work. Yet today, women still earn less than men. Even more shocking, one study has suggested it will take nearly another 50 years to close the gap completely.

Some of us, myself included, find that unacceptable. As I wrote in this space just last year,

We live today in a world where women run Fortune 500 companies, sit on the Supreme Court, and push back the frontiers of knowledge. We live during a time when more young women than men hold bachelor’s degrees, and when women make up almost half of all new law school graduates. Given all our progress, there must be some explanation behind the fact that women still lag behind men when it comes to pay equity…. Despite the evidence, myths that women’s choices or other legitimate factors are the ‘real’ cause of the pay gap persist. So does confusion about how to measure the gap and what figures to use.

I also explained how there are different ways to measure the gap – it is about 77 cents on the dollar based on annual earnings, and more like 81 cents on the dollar based on weekly wages. Once you factor in race, the pay gap for women of color compared with white men is even larger.

So has the gap shrunk at all since last year? Nope. In fact, the data show our progress closing the gender pay gap has stalled, putting off the projected date the gap will close until 2057.

The other thing that hasn’t changed much since last year? The myth that you won’t find any gap if you just compare women and men who have the same kinds of jobs, the same experience or the same advanced education. Decades of research consistently conclude that discrimination is the best explanation of the remaining difference in pay.

As I said last year, there is a persistent myth that once you account for the jobs that require specialized skills or education, the pay gap goes away. But here’s the reality: The gap for women in high-paying, high-skill jobs, as well as for those with advanced degrees, is still just as real as the gap for workers overall.

Last year I cited research showing women earn less than men even within the same occupations. Since then, new research continues to show that the pay gap can’t be “explained away.” When women just one year out of college earn less than men, even after accounting for college major, occupation, hours worked and other factors, we know that explanations only take us so far.

The toughest myth, and one that still needs to be busted, is that women are responsible for the pay gap because they seek out flexible jobs or choose to work fewer hours. In fact, the stereotype that women will put family above work may lead employers to undervalue them. Research on the “motherhood penalty” shows that the mere status of being a mother (but not a father) can lead to perceptions of lower competence and commitment, as well as lower salary offers. Simply assuming women will work less once they have children, but not men? That’s not choice, that’s discrimination.

Putting aside whether it’s right to ask women (or men) to sacrifice financially in order to work and have a family, we also know the gender gap in pay exists for women working full time. Taking time off for children also doesn’t explain gaps at the start of a career. And although researchers have addressed various ways that work hours or schedule or work history might or might not explain some portion of the wage gap, it doesn’t explain it all – controlling for hours or time out of the workforce still leaves an unexplained gap in pay. In other words, even if women work just as much after having children as before, they may still be paid less for the same amount of work.

It’s true that all of these potential explanations make the size of the pay gap smaller than 23 cents. But that just raises more questions about the “explanations,” like the long history of discrimination and other barriers to women entering more highly paid occupations.

As I wrote last year, “If high school girls are discouraged from taking the math and science classes that lead to high-paying STEM jobs, shouldn’t we in some way count that as a lost equal earnings opportunity? As one commentator put it recently, ‘I don’t think that simply saying we have 9 cents of discrimination and then 14 cents of life choices is very satisfying.’”

Here at the Department of Labor we don’t plan to just sit back and wait five more decades. We are working to give women the tools they need today to know their worth. We are rescinding outdated and ineffective guidance to better protect workers from pay discrimination. And we continue to team up with other members of the National Equal Pay Task Force to ensure a coordinated federal response to equal pay enforcement. You can read about our work on equal pay here.

The pay gap isn’t a myth, it’s a reality – and we’re all responsible to help fix it.

Dr. Pamela Coukos is a senior program advisor with the Labor Department’s Office of Federal Contract Compliance Programs.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Making Good on the Promise of Equal Pay

Last week, veteran newsman – and father of three daughters – Tom Brokaw published an essay titled “Welcome to the Century of Women.” He talks about the incredible gains women have made in the workforce, politics, media, law, higher education and corporate leadership, but also asks how we can do even more to remove barriers to equality. In a May 2 appearance on NBC’s “Today” show, Brokaw suggested the answer could start with “the simple idea” of equal pay.

At the Office of Federal Contract Compliance Programs, we couldn’t agree more.

Combating pay discrimination is a top priority for our agency and for the Obama administration. We have placed a premium on identifying, remedying and preventing pay discrimination in federal contractor workplaces. Through enhanced training for our investigators, greater collaboration with our sister civil rights agencies, a more focused approach to compliance reviews and the removal of outdated protocols that hamstrung our enforcement, we have seen a dramatic increase in compensation cases.

From the time President Obama established the National Equal Pay Task Force in January of 2010 to the present, OFCCP compliance officers have identified and successfully resolved over 80 cases of race- or gender-based pay discrimination, recovering $2.5 million in back pay and salary adjustments for about 1,200 workers. In those three years, we more than tripled the number of compensation cases resolved by OFCCP compared to the three years before.

And our enforcement efforts have even broader benefits. The workers we helped in these cases will receive higher, fairer salaries throughout their careers. The companies we worked with to resolve these issues had to change their pay practices to ensure that such discrimination doesn’t happen again. And taxpayers can know their dollars are going to companies who follow the law and practice equal opportunity.

Just a few weeks ago, in marking Equal Pay Day, the president said, “Wage inequality undermines the promise of fairness and opportunity upon which our country was founded.” It goes against more than our values – it hurts our national interests. Tom Brokaw describes the failure to fully value the skills and talents of our nation’s women as a cost to the “common good.” Benefiting the common good – for workers and employers – begins with making sure that we don’t just work to create greater value. It means that we place greater value in the people doing the work.

We believe contractor success is essential to government success. The nearly 200,000 businesses that receive taxpayer-funded contracts provide essential services to our country. They prepare food and build airplanes and manage IT systems that keep the government running smoothly. They create millions of jobs. But they also promise to pay workers fairly so that we can all share in that success. At OFCCP, we are working to make good on the promise of equal pay.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Equal Pay - Fighting for Fair Pay in the Workforce

When the Equal Pay Act was signed into law by President Kennedy in 1963, women were earning an average of 59 cents on the dollar compared to men. While women hold nearly half of today's jobs, and their earnings account for a significant portion of the household income that sustains the financial well-being of their families, they are still experiencing a gap in pay compared to men's wages for similar work. Today, women earn about 81 cents on the dollar compared to men — a gap that results in hundreds of thousands of dollars in lost wages. For African-American women and Latinas, the pay gap is even greater.

Each year, National Equal Pay Day reflects how far into the current year women must work to match what men earned in the previous year. On National Equal Pay Day, we rededicate ourselves to carrying forward the fight for true economic equality for all.

For more on Equal Pay, including tools, resources and recently announced Apps, see below:

• A Guide to Women's Equal Pay Rights (PDF)
• English | French | Spanish | Chinese | Vietnamese
• An Employer's Guide to Equal Pay (PDF)
• English | French | Spanish | Chinese | Vietnamese
• DOL Working For Women Accomplishments
• Highlights of Women's Earnings by Region
• Advancing Equal Pay Enforcement: More Effective and Transparent Procedures for Investigating Pay Discrimination
• Equal Pay Enforcement Fact Sheet (PDF)
• Learn more about the Equal Pay App Challenge winners
• Read the White House Equal Pay Task Force Accomplishments Report: Fighting for Fair Pay in the Workplace (PDF)
• Read the White House Facts About Equal Pay
• Presidential Proclamation on Equal Pay Day
• Read the Women's Bureau Director Blog Post

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Gender and Pay Equality: Join the Conversation

This year, Equal Pay Day is Tuesday, April 9. As part of the larger conversation about gender pay equality taking place this week, we’ll be hosting an equal pay Web chat this Friday, April 12, at 1 p.m. EDT. You’ll be able to ask experts about the current state of women’s wages, and how Labor Department resources can help workers and businesses pursue pay equality. Representatives from the department’s Office of the Chief Economist, Office of Federal Contract Compliance Programs and Women’s Bureau will address the current pay gap and ongoing policy initiatives.

• Jennifer Hunt, chief economist, will be on hand to talk about trends in women’s earnings over time and how closing the pay gap will benefit U.S. families and the nation’s economy.
• Latifa Lyles, acting director of the Women’s Bureau, will answer questions about what the agency is doing to ensure economic security for working women of all ages and to encourage younger women to pursue careers in growing industries.
• Patricia Shiu, director of the Office of Federal Contract Compliance Programs, and Pamela Coukos, senior program advisor, will address questions about how OFCCP is helping contractors comply with the law, and how recent guidance on pay equality could affect your business.

Email your questions before the event to womensbureaunetwork@dol.gov, or submit them on Twitter using the hashtag #EqualPayChat. We look forward to chatting with you!

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.