What’s wrong with the Paycheck “Fairness” Act?

Below I have described my preliminary objections to the current form of the “Paycheck Fairness Act 2009” (see full text here). The Act was passed by the House January 6, 2009, with a 256-163 vote. It is expected the bill will go to the Senate floor for a vote. Below are excerpts from the Act followed by my comments in bold.

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A BILL

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Paycheck Fairness Act’.
I do not believe this description is appropriate for the following reasons:

1) The Act claims that “in many instances” wage disparities are the result of intentional discrimination. Wage disparities may occur due to other factors including individual free choice.

2) In every instance when the Act mentions discrimination against a particular gender, that gender is female. The Act does not recognize wage discrimination or disparities against men.

3) The Act implies that wage disparities are the only factor contributing to spending power and wealth. Other factors such as net worth, which may not show such disparity, are not recognized.

4) The Act provides for negotiation skills training for women only. Throughout, the Act does not recognize men’s rights issues and appears to promote the idea that gender equality is a one-sided issue. Please note that men now make up a significant minority of college attendees and graduates and face discrimination in many areas of life, including the workplace.

In summary, the Paycheck Fairness Act is not fair to men and women.

SEC. 2. FINDINGS.
Congress finds the following:
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(2) Despite the enactment of the Equal Pay Act of 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination.
Does not mention pay disparities that may exist in which men earn significantly lower than women for equal work. 2004 data shows a part-time working women make $1.10 for every dollar made by a male counterpart. (“Why Men Earn More”, Warren Farrell, 2005)

Claims that “in many instances,” pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination, rather than other factors. Does not provide any evidence that such pay disparities are due to discrimination. Some argue that the sources for much of the gender earnings gap are “free choice” elements such as college major, hours and years worked, type of job chosen, and place of employment. These choices are made freely by men and women.

Does not provide data to show that pay disparities are substantial when the comparison controls for job title, education, hours worked, age, and other factors. U.S. Census data from 2001 reveals childless women who have never married earn 117 percent of their childless male counterparts, when the comparison controls for education, hours worked and age. (“Why Men Earn More”, Warren Farrell, 2005) Many statistics which claim that women earn X cents for every dollar a man earns do not control for any of these factors.

(3) The existence of such pay disparities--
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(3)(D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States;
Claims again that pay disparities are an artificial construct that has been perpetuated intentionally.

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(4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
Does not describe in detail these perceived “artificial barriers”.

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(4)(C) Elimination of such barriers would have positive effects, including--
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(4)(C) (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance;
Does not aim to reduce the number of working men also earning unfairly low wages.

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(5) The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work.
Does not aim to ensure that men also receive equal pay for work.

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(6) The Department of Labor is responsible for--
(A) collecting and making publicly available information about women’s pay;
Does not mention collecting and making available information about men’s pay.

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(6)(C) disseminating information about women’s rights in the workplace;
Does not mention disseminating information about men’s rights and gender equality in the workplace. Among men’s rights issues are military conscription, divorce and alimony, education (college acceptance and graduation disparity), employment, false rape allegations, family law bias, health, reproductive rights, criminal sentencing disparity, domestic violence, and wages.

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(6)(D) helping women who have been victims of pay discrimination obtain a remedy; and
Does not mention helping men to obtain such a remedy.

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(8) With a stronger commitment by the Department of Labor and the Equal Employment Opportunity Commission to their responsibilities, increased information as a result of the amendments made by this Act to the Equal Pay Act of 1963, wage data, and more effective remedies, women will be better able to recognize and enforce their rights.
Again, does not recognize men’s struggle to recognize and enforce their rights.

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SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND WOMEN.
Does not provide for negotiation skills training for boys and men.

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SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including—
Pay disparities between men and women may exist that are not due to artificial constructs. Eliminating all pay disparities arbitrarily without accounting for other factors is not only impossible but also harmful to businesses and employees. Furthermore, wages are not the last factor in spending power. Net worth is another. 1984 U.S. Census Bureau data indicates women who are heads of households have a net worth that is 141 percent of the net worth of men who are heads of households. (“The Myth of Male Power”, Warren Farrell, 1993)