The Paycheck Fairness Act is DOA

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While I was celebrating Eid Al-Adha on Tuesday, the Senate was voting on whether or not to proceed to a vote on the Paycheck Fairness Act. This is called voting on a motion to invoke cloture and is used to end a filibuster. Because cloture requires a two-thirds majority to push it through, it only takes 41 Senators to revoke it. And on Tuesday, that’s exactly what happened.

Since there are only 57 Democrats and two Independents in the Senate now, it would have taken one Republican breaking the ranks to achieve cloture (assuming that the Independents voted with the Democrats). Not only did that not happen, but Democratic Sen. Ben Nelson from Nebraska sided with the Republicans. (Sen. Lisa Murkowski, newly-elected Senator from Alaska did not vote, but since she’s a Republican, it’s assumed that she would have voted along party lines, which would have given the Republicans 42 votes. But even if she would have broken ranks and voted with the Democrats, cloture would still have been rejected 59-41.)

In Great Britain it only takes a simple majority to invoke cloture, but that has been rejected in the U.S. because it’s thought that a simple majority doesn’t do enough to protect the rights of the minority. Silly me: I’ve always been under the impression that in a democracy a simple majority rules. Apparently that’s not the case when it comes to ending filibusters, which is one reason why they’re so hard to end.

Sorry for the civics lesson, but if you’re like me, you find this whole process confusing.

So why would anyone vote against the Paycheck Fairness Act? Because it would put too much of a burden on businesses. In other words, businesses should be allowed not only to pay their female employees less but also to hide the fact that they’re doing so! And people say that there is no more gender inequality in this country.

Another objection to the bill is that it was unnecessary since legislation already exists that makes it illegal to discriminate on the basis of gender (although it has yet to be determined if this means that transgendered people are also protected). (Read Nancy Pelosi’s comments on the issue of wage discrimination.) However, the Paycheck Fairness Act includes many provisions that would make it easier to enforce laws that already exist, provide for research and training, and give women the right to sue over discriminatory practices. (At present, they are only able to collect back pay, or double that amount for willful violation.)

Of course, another objection is that the bill would increase litigation against businesses. Again, if businesses don’t want to be sued, then they should pay women and men the same pay for equal work. It’s as simple as that. Maybe it will take a few lawsuits before businesses finally decide that it’s not in their best interests to shortchange their female employees.

Read more here (Huffington Post)and here (Wall Street Journal). Also, see these statistics about the wage gap. You’ll be astonished.

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Ellen Keim

Ellen is a freelance writer, essayist and copy editor, living with three cats and a husband in Columbus, OH.

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