National Equal Pay Day

Floor Speech

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Mrs. FISCHER. Mr. President, I rise today to discuss the issue of equal pay for equal work. Today is National Equal Pay Day, and this provides us an opportunity to talk about how we can promote policies that will make life easier and more flexible for American families. It allows us to celebrate the amazing advancements that women have made.

Women have an incredibly positive story to tell. We now hold more than half of all professional and managerial jobs, double the number since 1980. We earn over 55 percent of bachelor's degrees, run nearly 10 million small businesses, and we serve in Congress at record levels.

Some may be surprised to see a Republican speaking out to support equal pay. My friends on the other side of the aisle have made quite an effort to politicize this issue, claiming that Republicans don't care about equal pay.

I am here to state unequivocally that is ridiculous. Equal pay for equal work is a shared American value. At its core, equal pay is about basic fairness and ensuring that every woman, just like every man, has the opportunity to build the life she chooses.

For over half a century, the Equal Pay Act and the Civil Rights Act have enabled women to make significant economic strides. Any violation of these important laws are illegal, and they should be punished to the full extent of the law. But I believe we can also go further. Congress now has the opportunity to recommit itself to this issue and ensure that these existing laws are better enforced.

Our country is stronger today because women have advanced in the workforce. There are stories of young women who start off at entry- level jobs and rise to the top of corporate ranks because someone somewhere recognized their potential. There are managers and mentors committed to their team. Men and women across the workforce are focused on cultivating strengths and providing thoughtful feedback in areas that need improvement.

Unfortunately, there are also stories of pain, discrimination, and bias. We all have friends and neighbors, sisters and mothers who were treated unfairly at some point in their careers. But silence does not foster progress. I want to help every woman and every man put a stop to unfair pay practices, and this starts by breaking the barriers to open discussion.

Few realize the extent of this problem. In 2003 the University of Pennsylvania conducted a study on how salaries are discussed in the private sector. The survey found that over one-third of private sector employers have specific rules prohibiting employees from discussing their pay with their coworkers. This was reinforced by another survey from the Institute for Women's Policy Research. Roughly half of workers reported that discussing wages and salaries is either discouraged or prohibited and/or could lead to punishment. It went on to note that pay secrecy appears to contribute to the gender gap in earnings.

These studies point to a common problem--one that is fueling anger, resentment, and fear. The American workforce is lacking protections for employees to engage in this open dialogue about their salaries. People are afraid to ask how their salary compares to their colleagues. Meanwhile, current law does not adequately protect workers against retaliation from employers who want to prevent those conversations about their compensation.

If you want to know how your salary compares to your colleagues, you should have every right to ask. This is as basic as the First Amendment. Ensuring transparency would not only make it easier for workers to recognize pay discrimination, but it would also empower them to negotiate their salaries more effectively.

Wage transparency is not a new initiative. It already enjoys support on both sides of the political spectrum. In fact, both President Obama and Hillary Clinton are in favor of it. But not all transparency is created equal. Earlier this year, the Obama administration proposed a new regulation targeting businesses with over 100 employees. The Labor Department would use this rule to require businesses to submit large amounts of data regarding race, gender, and other statistics to the Equal Employment Opportunity Commission. The administration believes this will end discrimination.

I believe this is just another government mandate that intrudes into the operations of a private business. We can't discount the burden this will put on employers and job creators, and every--every--new regulation creates a new cost. I also have real doubts that this raw data will give the administration what it is looking for. Instead, it does risk presenting a distorted picture of pay data. Moreover, it remains unclear how this information would even identify discrimination. The data does not take into account other factors, including years of experience, education level, and productivity, and they are appropriately used to determine a person's wages.

Looking at big data alone fails to tell the whole story. I am concerned that the rigid compensation structures resulting from the President's proposal could force businesses to provide employees with less flexibility, and that would deal an even greater blow to women. The same is true with the Paycheck Fairness Act. While it is very well- intentioned, it will ultimately hurt flexibility for women to form unique work arrangements, and it will undermine merit-based pay. Instead, we should be empowering both employers and employees to negotiate flexible work arrangements that best meet their individual needs.

I agree we have more work to do on equal pay, but the way we can make meaningful and lasting progress isn't through a misguided Executive action that could hurt women. To make a difference in the lives of working families, we must focus on building bipartisan consensus. I have been working hard to do just that by collaborating with my colleagues and generating support for my bill, which is known as the Workplace Advancement Act.

I believe every American worker should have the ability to discuss compensation without fear of retribution. My legislation breaks down the barriers to open dialogue, allowing employees to ask questions and gain information. Access to this information could enable workers to be their own best advocates and let them negotiate for the salaries they feel they deserve. Knowledge is power. By freely discussing their wages, workers can negotiate effectively for the pay they want.

My proposal has received the support of almost every Senate Republican and also five Democrats. But as we know all too well, in Washington anything that receives bipartisan support stalls with five words: It doesn't go far enough.

The biggest critics of this plan say that it is too modest. They claim that transparency is only the first step and that a second step would require mandates. But the truth is, meaningful change cannot happen without action, and it cannot happen, colleagues, without compromise. By its very definition, it requires both agreement and accommodation. My bill can make a real difference for American workers, and, unlike legislation that is offered by Democrats, my bill can actually pass.

Others would argue that this change is unnecessary because the right to discuss salaries is protected under existing law. While it is true that certain employees and certain conversations are protected, there is no reason why we can't apply the same freedom to all Americans. As I discussed previously, surveys suggest that over one-third of private sector companies have specific prohibitions in place.

I am encouraged by the support we have already garnered on both sides of the aisle for this bill, the straightforward update to our equal pay laws. It is achievable. We are all here to find solutions that both Republicans and Democrats can achieve for the American people. An all- or-nothing attitude--well, that only prevents progress, and it leaves us with the false choices and stereotypes that have persisted for decades.

Last week I was encouraged to hear Senator Mikulski and several other Democrats hold a press conference and discuss the importance of protecting workers against retaliation for discussing their salaries. I agree. Protecting workers who seek this information is a crucial step toward ensuring that women and men are compensated fairly.

With that in mind, I call on my friend from Maryland and any other Members of this body to work together on solutions to this problem. Wage transparency is an area of common ground. Democrats praised the President's Executive order in 2014, and my bill goes further: It protects more American workers. If we are going to make real, meaningful change, we are going to have to work together. We should not let raw politics stand in the way of progress for working women.

Congress has a real opportunity to make a difference for both men and women who work hard every day to provide for their families. Above all, we can help them succeed and prosper in the workforce while being secure in the knowledge they are compensated fairly for their work.

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