New Federal Guidelines On Pregnancy Discrimination Align with Pregnancy Discrimination Act

I received an email today from Pennsylvanians for Choice. They requested that we publicize a news article from the Feminist Majority.  It is an article that summarizes new federal guidelines on pregnancy discrimination law related to women’s employment.  Here it is:

Picture of woman talking to her employer about work expectations

Women and Employment

The Equal Employment Opportunity Commission (EEOC) updated its pregnancy discrimination guidelines this week for the first time in over 30 years. The new language reiterates the policies outlined in the Pregnancy Discrimination Act (PDA) and classifies discrimination against pregnant employees as a form of sex discrimination.

The guidelines were approved 3-2 Monday. The guidelines make it clear that an employer cannot discriminate against a worker based on pregnancy, childbirth or any related medical condition. They also disallow discrimination against someone based on whether or not they have been pregnant in the past, or want to get pregnant in the future.

“Pregnancy is not a justification for excluding women from jobs that they are qualified to perform, and it cannot be a basis for denying employment or treating women less favorably than co-workers similar in their ability or inability to work,” EEOC Chair Jacqueline A. Berrien said in a press release this week. “Despite much progress, we continue to see a significant number of charges alleging pregnancy discrimination, and our investigations have revealed the persistence of overt pregnancy discrimination, as well as the emergence of more subtle discriminatory practices.”

In a Q-and-A section on the EEOC’s site about pregnancy discrimination, the Pregnancy Discrimination Act is explained as banning employers from firing, refusing to hire or demoting a woman if pregnancy, childbirth or any related condition was the reason for the action. The EEOC guidelines were released in part for those who may not have been aware of the cited federal laws, in order to make the requirements better understood and known.

“I think it will make a really big difference,” Joan C. Williams, a law professor whose work is cited in the EEOC’s new guidelines, told the Associated Press. “This is also the direction the courts have begun to go in, and that’s why the EEOC said, ‘Yeah, that makes sense.'”

Pregnancy discrimination complaints in the US increased by 71 percent between 1992 and 2011. Many women nationwide, especially those in low-income jobs, are forced to take unpaid leave or leave their jobs altogether during their pregnancy. Almost two-thirds of first-time mothers work while pregnant, including 90 percent of those mothers who work into their last two months of pregnancy. The Pregnant Workers Fairness Act, a piece of national legislation currently stalled in Congress, would update and strengthen the Pregnancy Discrimination Act to ensure that pregnant women are not denied necessary accommodations at work.

Media Resources: Associated Press 7/16/14; NPR 7/16/14; US Equal Employment Opportunity Commission 7/14/14; Feminist Majority 10/31/13; Feminist Newswire 2/3/14

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What is Equal Pay Day and Why Should I Care?

For the last three years, my local NOW chapter—Ni-Ta-Nee NOW—has organized community education events surrounding Equal Pay Day and paycheck fairness.

A frequent question we have is, “What’s Equal Pay Day and why should I care?”  To help answer that question, we have done op-eds and interviews with the local press (See here and here).  We also create a flyer that we update each year.  As President of Pennsylvania NOW, I wrote another blog on this issue in 2011. And elsewhere on my blog site, I have commented on the need for fairness in pay.

Today, we will once again be distributing Equal Pay Day flyers in front of the gates of The Pennsylvania State University over the dinner hour today.

Why today? Because Equal Pay Day moves from year to year. For 2013, that day is April 9.

The following is a web-based version of this flyer.  The hard-copy version focuses on Pennsylvania.  I have kept that information here; I’ve also added commentary and links for information and contacts in other states.

TUESDAY APRIL 9TH 2013

EQUAL PAY DAY

IT’S THE DAY ON WHICH WOMEN’S WAGES CATCH UP WITH MEN’S WAGES FROM THE PREVIOUS YEAR.

Equal Pay Day symbolizes how far into the year a woman must work full-time, on average, to earn as much as a man earned the previous year.  In 2013, it took 2 days MORE than in 2011 and 8 days LESS than in 2012 for a woman to earn as much as a man earned in the entire year.

THE WAGE GAP

National Perspective

The wage gap shows that women, particularly women of color are paid significantly less than white men.

The Wage Gap: Lack of Equal Pay

The wage gap is the ratio of women’s to men’s median annual earnings for full-time, full-year workers. Based on these earnings, women earned just 82% of what men earned (US Bureau of Labor Statistics, 2013).

Nationally, Asian American women have the smallest wage gap, earning 88% of what the average white man earned in 2012. White women are next, earning approximately 81% of white men’s average income. African-American women (68%) and Hispanic women (59%) have the largest wage gaps compared to white men (Institute for Women’s Policy Research, March 2013).

A typical woman earns $431,000 less in pay over 40 years due to this wage gap. (Center for American Progress, 2012)

At the current rate of progress, the Institute for Women’s Policy Research estimates that it will be 2057 before women’s wages reach parity and Equal Pay Day will finally be on December 31 rather than somewhere in April of the following year!

Pennsylvania Perspective

The wage gap is just as bad, if not worse, in our state. When ranked among the other 50 states, the District of Columbia, and Puerto Rico, Pennsylvania’s wage gap placed it 34th (Women’s Law Center calculation based on American Community Survey Briefs, April 2013).  You can look up your state’s pay equity ranking at this site as well if you don’t live in Pennsylvania.

The median annual income for a woman working full-time, year round in Pennsylvania in 2011 was $37,089, compared to men’s $47,956. This is a wage gap of 77% (Women’s Law Center calculation based on American Community Survey Briefs, April 2013). A typical woman in PA earns $459,000 less in pay over 40 years due to this wage gap. This gap rises to $722,000 for women who have earned college degrees. (Center for American Progress, 2010)

WHAT CAN I DO??

If You are an Employer

If you are an employer, you can get help in examining pay practices by conducting an equal pay self-audit using the guidelines from the US Department of Labor (available at www.pay-equity.org/cando-audit.html).

If You Believe You Are Experiencing Wage-Based Discrimination

Tell your employer if you are being paid less than your male co-workers. Click here for some tips on negotiating for pay equity.

If there’s a union, ask for their help.

If discrimination persists: There are three places to file complaints – at the federal level, at the state level, and at the local level.

At the Federal Level

You can file under federal law with the Equal Employment Opportunity Commission (EEOC). Go to this link and follow the instructions.

At the State Level

You can find your state’s anti-discrimination agency website and contact information in a pdf file created by Legal Momentum starting on page 28.  Most of the agencies have a website address that you can copy and paste into your browser.  All of the agencies have a phone number that you can call for assistance.

If you live in Pennsylvania, you can file a complaint with the Pennsylvania Human Relations Commission in Harrisburg.  Contact information is available by region.  Just go to their website and look for your county’s name.  The phone number and address for your regional office is listed directly above the names of the counties served by each office.

At the Local Level

There are a few communities throughout the country that have created local ordinances that include the state-based anti-discrimination protections and have also expanded coverage to other areas (such as protections based on sexual orientation, family status, and/or family responsibilities across the life-span).

You should therefore check to see if your local county, city, or community has an ordinance providing similar protections for wage-based discrimination. If so, you can more conveniently file a wage-based complaint at the local level.  Check with your state’s anti-discrimination agency (see info above under “At the State Level”) to see if there is a local ordinance in your community.

In Pennsylvania, there are about 30 communities with such an ordinance. Your regional office of the Pennsylvania Human Relations Commission can give you this information, along with whom to contact.

One of these 30 communities in Pennsylvania is State College, PA, where the main campus of The Pennsylvania State University is located. Their ordinance covers wage-based discrimination based on sex as well as color (race), religion, ancestry, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids.  If you work within the State College, PA borough, you can file a complaint with them under their Employment Anti-Discrimination Ordinance at 814.234.7110 (Side note: I was one of the people instrumental in crafting this ordinance).

Supporting and Advocating for Paycheck Fairness

Ask your Congressional representatives to co-sponsor the Paycheck Fairness Act – HR 377 in the US House of Representatives and S 84 in the US Senate).  The Paycheck Fairness Act updates and strengthens the Equal Pay Act of 1963. It gives women the tools they need to challenge the wage gap itself.

You can find out where your representatives stand on the Paycheck Fairness Act by going to http://thomas.loc.gov/home/thomas.php. In the search box in the middle of the page, type in “Paycheck Fairness Act” and click search.  On the next page, two bills will show up—SR 84 and HR 377.  This page provides several links to information about both of these bills—text, bill history, co-sponsors, etc. If you click on “cosponsors” for each bill, you can determine if your representatives are publicly supporting the bill or not. If they are a sponsor, thank them and then ask them to call for a hearing on vote on the bill.  If they are not, ask them to sign on.

And For More Information

Visit http://www.pay-equity.org – the website created by the National Committee on Pay Equity (NCPE).  NCPE is a coalition of women’s and civil rights organizations; labor unions; religious, professional, legal, and educational associations, commissions on women, state and local pay equity coalitions and individuals.”  They are dedicated to ending wage-based discrimination and achieving pay equity. If you like what they are doing, you can join and become a member.