Those of us in the blogosphere have become inured to defenders of the President ticking off a laundry list of his accomplishments. On the domestic policy front, this includes health care and financial reform, the auto industry rescue, and a series of other smaller bills that have taken on a much larger significance in the aftermath of their passage, particularly in an election year.
You hear about credit card reform and tobacco legislation and national service legislation, when these were blips on the radar screen at the time. And you always hear the words “Lilly Ledbetter” tossed about. This refers to a bill called the Lilly Ledbetter Fair Pay Act, which allows women like Lilly Ledbetter to challenge wage discrimination beyond a 180-day statute of limitations that was part of the Civil Rights Act of 1964. Ledbetter’s plight came to public attention because of a Supreme Court ruling in Ledbetter v. Goodyear, which ruled that the statute of limitations begins the first day of the wage discrimination, even though the employee may be unaware of it, not the day of most recent last paycheck [or when it became apparent.] So the bill changed that.
There’s no question this was the right decision. The Supreme Court ruling would have made women like Ledbetter powerless in most instances to challenge wage discrimination cases in court. But to hear tell of this, both from the Administration and its defenders, Lilly Ledbetter ushered in a golden age of pay equity in our nation’s employment centers. I don’t know where this comes from. The Ledbetter bill made a technical fix allowing after-the-fact challenges. It did not end wage discrimination in our time. In fact, we know that it didn’t, because the statistics are coming in, three years after the passage of the law.
Though the law expanded the legal remedies available to women who have been victims of discriminatory pay, little has been done to address the pay gap that exists between male and female employees. Since the Equal Pay Act of 1963 was signed into law, the pay gap has closed at less than half-a-cent per year. That trend is continuing, as the pay gap barely closed from 2009 to 2010.
Women made 77 percent of men’s earnings in 2009, the year the law passed. In 2010, that was virtually unchanged, as women’s wages rose to 77.4 percent of men’s. The gap is even larger for African Americans and Latinos: black women made 67.5 percent of all men’s earnings in 2009, while Latino women made 57.7 percent. In 2010, those figures ticked up to 67.7 percent and 58.7 percent, respectively.
Wage fairness hasn’t come to any Americans during the Great Recession, as wage gains are only starting to take hold. But that’s certainly true with respect to gender, regardless of Lilly Ledbetter.
The thing is, there was another bill out there. It would not only have made the technical fix of Ledbetter, but updated the Equal Pay Act of 1963, closed loopholes and made a much bigger difference in closing the pay gap. There was no reason why the Lilly Ledbetter Fair Pay Act could [not] have been combined with the Paycheck Fairness Act back at the beginning of the first term, in 2009. But while the bill passed the House quickly, Democrats in the Senate didn’t get around to taking up the Paycheck Fairness Act until the lame duck session of 2010, and it predictably failed 58-41, with all Republicans opposing. There’s obviously no guarantee that the Paycheck Fairness Act could have passed earlier in the term. But it’s plausible to argue that leveraging Lilly Ledbetter, which was a campaign issue, into a real advance on equal pay could have paid off. As it is, the Senate quickly got filibustered with little fanfare in the lame duck.
The point is there were other options. But the legislation that could have made a difference was left behind. And it severely damages the credibility of the Administration and its allies to keep waving the bloody shirt of Lilly Ledbetter when it actually did pretty much nothing for the larger cause of equal pay and equal work.




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First bill out of the gate should have been the Dream Act, not Lilly Ledbetter. That would have been real change, not the cosmesis that has become the hallmark of the Obama years.
Don’t know that I’d call it cosmesis, bmull. So much of what they’re applauding themselves for is more like lipstick on the pig.
No legislation to date has closed the gender wage gap — not the 1963 Equal Pay for Equal Work Act, not Title VII of the 1964 Civil Rights Act, not the 1978 Pregnancy Discrimination Act, not the 1991 amendments to Title VII, not affirmative action (which has benefited mostly white women, the group most vocal about the wage gap), not diversity, not the countless state and local laws and regulations, not the horde of overseers at the Equal Employment Opportunity Commission, and not the Ledbetter Fair Pay Act…. Nor will a “paycheck fairness” law work.
That’s because pay-equity advocates continue to overlook the effects of female AND male behavior:
Despite the 40-year-old demand for women’s equal pay, millions of wives still choose to have no pay at all. In fact, according to Dr. Scott Haltzman, author of “The Secrets of Happily Married Women,” stay-at-home wives, including the childless who represent an estimated 10 percent, constitute a growing niche. “In the past few years,” he says in a CNN report at http://tinyurl.com/6reowj, “many women who are well educated and trained for career tracks have decided instead to stay at home.” (“Census Bureau data show that 5.6 million mothers stayed home with their children in 2005, about 1.2 million more than did so a decade earlier….” at http://tinyurl.com/qqkaka. If indeed more women are staying at home, perhaps it’s because feminists and the media have told women for years that female workers are paid less than men in the same jobs — so why bother working if they’re going to be penalized and humiliated for being a woman. If “greedy, profit-obsessed” employers could get away with paying women less than men for the same work, they would not hire a man – ever.)
As full-time mothers or homemakers, stay-at-home wives earn zero. How can they afford to do this while in many cases living in luxury? Because they’re supported by their husband, an “employer” who pays them to stay at home.
Feminists, government, and the media ignore what this obviously implies: If millions of wives are able to accept no wages and live as well as their husbands, millions of other wives are able to accept low wages, refuse overtime and promotions, work part-time instead of full-time (“According to a 2009 UK study for the Centre for Policy Studies, only 12 percent of the 4,690 women surveyed wanted to work full time”: http://bit.ly/ihc0tl See also an Australian report: http://tinyurl.com/862kzes), take more unpaid days off, avoid uncomfortable wage-bargaining (http://tinyurl.com/3a5nlay) — all of which lower women’s average pay. Women are able to make these choices because they are supported or anticipate being supported by a husband who must earn more than if he’d chosen never to marry. (Still, even many men who shun marriage, unlike their female counterparts, feel their self worth is tied to their net worth.) This is how MEN help create the wage gap. If the roles were reversed so that men raised the children and women raised the income, men would average lower pay than women.
See “Will the Ledbetter Fair Pay Act Help Women?” at http://malemattersusa.wordpress.com/2011/12/03/will-the-ledbetter-fair-pay-act-help-women/
By the way, The Next Equal Occupational Fatality Day is in 2020. The year 2020 is how far into the future women will have to work to experience the same number of work-related deaths that men experienced in 2009 alone. http://mjperry.blogspot.com/2010/04/equal-occupational-fatality-death-day.html
Thanks. Fixed.
There was a window of opportunity just after Obama’s elected when real change could have been made. I used to think Obama frittered it away due to incompetence. I know believe it’s much more evil than that–he never wanted real change to start with. I will not vote for him again.
I have been hearing this call for equal pay for equal work my entire adult life (I am 63) and nothing has ever come of it so I don’t expect anything to come of it now.
In this way the Vichycrats try to have it both ways. They talk to us out of one side of their mouths while taking lobbyist money behind their backs. But the disguise has worn so thin that it’s now transparent…for those who will see and acknowledge that the Emperor has no clothes.
So David, run through the machinations in the Senate again, and show why this is something to tag the Administration with, and not the Senate. Because everything gets blamed on the Administration in this column. Everything.
Either we pin our hopes and cast our blames on a single person, and have no excuses when we get a dictator, or we are smart enough to put each cause where it belongs and start cleaning the Aegean Stables.
You, apparently, like most of the so-called “progressive” blogosphere, prefer the former. It’s easy, it’s quick, doesn’t take much thought, but it’s a cheap shot.
Sadly there are enough Obamabots and clueless “independents” that will allow him to just barely squeak by.
But, but… http://americanextremists.thecomicseries.com/comics/191/
Lilly Ledbetter Fair Pay Act Did Not Alter Pay Equity Gap Whatsoever
That’s gonna hurt over on DailyKult(DKos). ‘Lilly Ledbetter’ is always part of the long list of Obysmal’s ‘achievements’ regularly posted when Mr. O. is suffering in the polls.
The EEOC in San Francisco worked for me. I worked for one of largest multi-national corporations in the world from 1974 thru 1982, was part of their sales team, and was the only woman on that team. Being a single mom I was estatic to have a job where I made enough money to give my two daughters a decent life. Eventually I found out I was being paid less than the men on the team, approached management and asked them to correct the inequality, but they denied any such inequality. So, I went to the EEOC in San Francisco and was seen by an “intake” clerk who clearly was not up to the task of addressing my problem. So I made a scene, more than once, and finally got to the EEOC Director in SF. He spent about three hours with me and took the case. The EEOC sent a letter to the company and they fired me. To make a long, long story short, it took the EEOC lawyers three years (I, of course, was working at another job), but in the end the company was ordered to pay me the back wages plus the company had to change their policy – something they abhorred more than paying me the back wages. As part of the settlement, I, even to this day, can demand that the company show me that they are adherring to equal pay for women. At the time it was very traumatic, but I am very proud of this. I made it possible for women following me (at least in this company) that they would receive equal pay.
The truly depressing fact is that the Ledbetter Act was the biggest accomplishment of the 111th Congress.* (The Rube Goldberg Health Insurance “Reform” Act of 2010 doesn’t count because it has negative value; it made a few cosmetic reforms but entrenched an unfair, wasteful, and dysfunctional insurance-based system for years to come.)
* The bad news is that it might be a generation before the nation has a Democratic president with his or her party in control of both houses of Congress. The good news is that perhaps the Democratic Party will disappear within the course of a generation.
Obama cast the hundreds of millions of votes that elected all the Republicans to Congress?
The reason laws don’t get passed but are instead stalled is because that is the will of the voters.
No one person, not even the President, can do much beyond negotiate the deal that gets something passed instead of defeated. Clinton tried to pass health care but lost a vote here or there and lost control; Obama learned from his mistakes and managed to get essentially the same Clinton plan passed, if you look at the basic policy objective.
Progressives need to become as educated as the badly educated conservatives in civics and the Constitution – voters elect members of Congress who are the only ones who can pass laws according to their own rules, so to pass laws the existing Congress won’t, replace the obstacles which to the lazy means anyone that is a member of the Republican Party.
Actually, to the extent I’m “blaming” anyone, it’s the people that keep saying “but he passed Lilly Ledbetter” as part of the President’s record, when it didn’t advance the policy it was purported to fix one iota. Obviously, there’s plenty of blame to go around for what passed and what didn’t. I’m making a completely different argument.