Paycheck Fairness Act

Floor Speech

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Mr. DURBIN. Madam President, there are still millions of women across this country today who are doing the same jobs as their male colleagues and are being paid less. It is more clear than ever that we must take steps to close loopholes that allow for pay discrimination and empower women to hold their employers accountable when pay discrimination occurs. Nearly 60 years after passage of the Equal Pay Act and 12 years after passage of the Lilly Ledbetter Fair Pay Act, women still only earn 82 cents for every dollar paid to men on average. For women of color, the wage gap is even worse. Black women make only 63 cents for every dollar paid to White men, and Latina women make only 55 cents. Mothers make just 75 cents for every dollar paid to fathers.

Throughout the pandemic, too many families have wondered how they will feed their families, keep their homes, and care for their children amid an unprecedented public health and economic crisis. For working mothers, it has been especially challenging. The labor force participation rate among women has dropped to 57.4 percent, the lowest it has been since 1988. A survey last fall found that almost 40 percent of working mothers in Illinois lost their jobs or were working reduced hours. Nearly half of working mothers of color reported the same.

Why has this economic crisis been so economically devastating for so many women? The reasons are clear. Women tend to be overrepresented in the industries that were hit hardest by the pandemic, such as restaurants, retail, and leisure and hospitality. And many women are the primary caretakers for their families. With schools and childcare programs closed, what choice did mothers have other than to step back from work?

The economic hardship women have faced during the pandemic has only been made worse by the wage gap. From wage discrimination to the unavailability of childcare, women are not getting a fair deal. That means working families are not getting a fair deal, and it must change.

This week, we have the opportunity to pass legislation that would close the loopholes that allow paycheck discrimination to continue. The Lilly Ledbetter Fair Pay Act, which prohibits gender-based pay discrimination, was the first bill signed into law by President Obama back in 2009. Unfortunately, it is hard to enforce because employers still maintain policies that punish employees who voluntarily share salary information with their coworkers. Women can't demand equal pay if they don't know they are being underpaid.

The Paycheck Fairness Act would ensure workers cannot be retaliated against if they disclose their wages. It also would prohibit employers from asking prospective employees about their salary history. And it would require employers to prove that pay disparities exist for legitimate, job-related reasons--not just because they believe ``women's work'' is worth less. I am happy to join Senator Murray and my Democratic colleagues in supporting this important legislation.

Women have carried America's families through this pandemic, but it may take years for women to recover from the economic and career setbacks they have suffered. By passing the Paycheck Fairness Act, we can take an important step toward helping women and their families fully recover from this pandemic and economic crisis.

I am disappointed that Republican opposition has previously prevented the Senate from passing this bill. I hope that my colleagues on the other side of the aisle can agree it is time to pass this commonsense measure that will help put more money in the pockets of women and their families across the country.

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