Senate Republicans block equal-pay measure
By Steve Benen Wednesday Apr 23, 2008 7:30amIn a bizarre ruling, a narrow Supreme Court majority decided last year that Americans who face wage discrimination only have 180 days to challenge the initial discrimination in court. In other words, if your employer is paying you less money for equal work, and you don’t find about the discrepancy until seven months after the problem began, you can’t contest this in court.
The House already passed a measure to improve workers’ rights in this area, and the Senate was poised to do the same. A bipartisan majority supported the legislation, but they couldn’t overcome Republican obstructionism.
Senate Republicans on Wednesday blocked a measure intended to overturn a Supreme Court decision limiting pay discrimination suits in a politically charged vote certain to be replayed in the presidential and Congressional campaigns.
By a vote of 56 to 42, the Senate fell four votes short of the 60 required to begin consideration of the Lilly Ledbetter Fair Pay Act, named for an Alabama woman who lost a case against the Goodyear Tire and Rubber Company when the court found she not did file her complaint in time. Ms. Ledbetter had been paid as much as 40 percent less than her male counterparts doing the same job, according to her allies.
Looking at the final roll call, the measure had the support of 57 senators (Harry Reid switched his vote for procedural reasons, giving him the ability to bring the bill back to the floor before the end of the session). Every Democrat and both independents (Lieberman and Sanders) supported the measure, along with six Republicans, four of whom (Coleman, Collins, Smith, and Sununu) are facing tough re-election fights this year.
What a remarkable coincidence — Republicans sure do get more moderate on good legislation when they’re worried about losing their seats.
As for the rest of the Republican caucus, they relied on some pretty ridiculous arguments to oppose the bill.
This one was especially striking.
…Senator Mitch McConnell of Kentucky and other Republicans said the bill, which is opposed by the business community and the Bush administration, could create a flood of lawsuits.
“We think that this bill is primarily designed to create a massive amount of new litigation in our country,” said Mr. McConnell, the minority leader.
Well, actually, yes. But therein lies the point — if American workers are facing unjust wage discrimination, they should be more lawsuits. Those are worthwhile lawsuits, challenging an injustice. Ideally, employers would stop discriminating, and in turn, there’d be fewer lawsuits. It’s about creating an incentive.
As for the politics of this, both Hillary Clinton and Barack Obama came back to the Senate to vote for and speak out on behalf of this legislation. And what about John McCain? He didn’t show up for work (again), but he made a point of telling reporters he’s against the legislation: “In New Orleans today, McCain explained his opposition to the bill by claiming it ‘opens us up to lawsuits for all kinds of problems.’ He added that instead of legislation allowing women to fight for equal pay, they simply need ‘education and training.’”
It’s almost as if he doesn’t want women to vote for him.
One last thought: was this bill really worth filibustering? Was the legislation so offensive to the Republican minority that they couldn’t even allow an up-or-down vote on a measure to protect pay-equality in the workplace?
Or did a bunch of corporate lobbyists show up at Republican lawmakers’ offices, demanding that they shut this down?


Login or Register to post comments.
Does one need to ask how McBush voted? The scumbag couldn't possibly care less about workers, especially those who worked for the military. The bastard should be stoned.
See? That's why they never should have created laws in this country. They create a flood of arrests!
I think you can stick a fork in this country, we are done.
How come when the republicans control congress they can get things passed by dragging the VP in to break a tie but with a Democratic majority in control we now need 60 votes to pass anything?
Bush/Cheney WILL bomb Iran at or near the time of the Dem convention. Bush will make a big speech about how dangerous Iran is, how they are a few weeks away from having WMD and we need to go to war with them to save Israel and ourselves. McBush and his fellow scumbags, including False News, will get into the Dem's patriotism and surrender to the enemy. General McBush will obviously support the new war, big time. If he wins the election, assuming Cheney allows an election, this country is toast and I already have begun plans to move to Canada. As a Dem, I will be viewed as a terrorist.
Semi-off topic, but why was there only five(?) on the panel for FBI oversight and only seven in the gallery? Do we still have government? Reps Artur and Ellison showed well in front of a small house though!
Because fairness is just asking too much.
Great. All those old assholes on the bench have been there more than 7 months, so I don't want to ever hear the supreme court judges whine about their pay.
Michael M. @ 3:
Yep, just watching the endgame play out...
PS to my post #5:
Bush will trot out GENERAL PETRAEUS to testify how dangerous Iran is and how we must go to war. This is a follow up to his "promotion" this week.
It might create more lawsuits? WTF? Lawsuits are the instruments and weapons for those who feel a law has been broken and they are the victims. As long as we have laws and they are broken we will have lawsuits. That's the fu*king way it's supposed to work.
So they are willing to sacrifice the rights of women in order to protect business. I hope every man and woman remembers the name of every bastard who voted against this with the exception of Reid who had to do what he did to keep this thing alive. As far as I'm concerned, we have a brand new shit list to work with today.
Anyone who votes for McCain is voting against women's rights. It's that plain and and that simple. And yeah, I am bitter.
Do you suppose that Reid and the Democrats will actually force the Republicans to rally filibuster this or will the Democrats just cave again?
Republican presidential candidate, Sen. John Mcrone (R-Flipfop) didn't vote but is on record opposing the bill...
pissed off patricia @ 11:
You okay babe? *rubbing your shoulders* Did you get the dishes done hon?
I'm reading John Grisham's latest - about corporate interests using their vast wealth to stack Supreme Courts. It would be a really good book, except for the depressing feeling that it's probably a very realistic scenario. The SCOTUS has been going that way ever since Reagan.
If I embezzle money from the company I work for and they don't figure that out before the 180 days pass, do I get to keep it?
I was jus bing facetious, pat...
YourMom @ 15:
I started reading 1984 and I am pretty sure the repubs are using it as some kind of sick owner's manual.
In the Collins vs Tom Allen race, I'm voting for Allen - BUT - in fairness to Collins she has been quite consistent in the pursuit of equal rights for women especially in the business world.
Let's not stoop to the level of the Republican slime machine by painting everyone with the same brush as a wretch like Mitch McConnell just because they share the odious (R). FWIW - there are more than enough reasons to vote for Allen and against Collins.
And which Supreme Court justice was the deciding vote? Mr. Alito--the same guy Mr. Obama refused to challenge by joining Kerry's filibuster.
Thanks, Barry!
My Senator (Kay Bailey-Hutchinson) sent me the following email (below with my response email as well) and then proceeded to vote NO on cloture. She sent me this email 2 days ago and now she is filibustering the the Lilly Ledbetter Fair Pay Act. The gall this woman has.
Dear Senator,
You sent me the below email and then proceeded to Vote NO on cloture for the Lilly Ledbetter Fair Pay Act of 2007. You are Fillibustering the Lilly Ledbetter Fair Pay Act of 2007. Did you lie to me? Response requested.
XXX
From your email to me dated 4-22-2008: Dear Mr. XXX:
Thank you for contacting me regarding wage discrimination in the workplace. I welcome your thoughts and comments on this issue.
On May 29, 2007, the United States Supreme Court issued a decision in Ledbetter v. Goodyear Tire & Rubber Co. which set a powerful precedent concerning discrimination in the workplace. The Court ruled in favor of Goodyear by a 5 to 4 margin, citing that Ms. Ledbetter had not filed the lawsuit within the required time frame of 180 days following the first instance of wage discrimination. By failing to do so, the Court found Ms. Ledbetter was not eligible to file suit based on gender or race discrimination.
Two bills regarding this issue have recently been introduced in Congress that would broaden the definition of unlawful employment discrimination. H.R. 2831 was introduced in the House of Representatives on June 22, 2007, by Representative George Miller (D-CA), and S. 1843 was introduced in the Senate on July 20, 2007, by Senator Edward Kennedy (D-MA). Echoing Ms. Ledbetter’s argument before the Court, these bills provide that if wage discrimination has occurred, it continues every time the affected employee receives a paycheck. As such, passage of these bills would effectively nullify the Supreme Court decision.
I believe all forms of discrimination are wrong and therefore support strong enforcement of our nation’s existing anti-discrimination laws, such as Title VII of the 1964 Civil Rights Act, the Equal Pay Act, and other federal laws aimed at preventing discrimination and expanding opportunities for all Americans. While both bills have yet to come before the full Senate, please be assured that, if either do, I will take your views into consideration.
I appreciate hearing from you and hope you will not hesitate to keep in touch on any issue of concern to you.
Sincerely,
Kay Bailey Hutchison
Republicans didn't block anything; the Democrats did. For the Republicans to block anything receiving 57 votes, they would have had to filibuster - unless Reid and his corporate Dems simply handed the Republicans an unconstituional 60 vote requirement for anything the R's don't like.
It seems Sen. Dodd had to work a lot harder to stop telecom immunity.
EliteLemming @ 14:
As a matter of fact I just finished doing the dishes and I'm feeling great. Thanks for asking both questions.
Jeremiah -
Senator Kay Bailey Hutchison wrote "I will take your views into consideration."
That means that she didn't declare how she will vote in her letter to you.
Yes, Republicans are filibustering it. Sen KBH's email to me said she supported this (legislation to correct Ledbetter decision). She said she would give Lilly Ledbetter Fair Pay Act fair consideration if it came to the floor for an up or down vote. Then 2 days later she filibusters the Lilly Ledbetter Fair Pay Act to prevent it from getting an up or down floor vote.
Rule #1: Don't lose money.
Rule #2: Remember Rule #1.
In order to insure proper implementation of above rules go to Rule #3.
Rule #3: Never, never, never ever vote for a Republican.
Those clowns will screw you every time.
How do you even find out what other people are making to begin with? It's considered ridiculously rude to ask in almost any circle I'm aware of. Most larger jobs direct deposit and then mail the pay stub, so you're incredibly unlikely to see someone else's even by sheer accident. Unless the person just blabs it out on accident, you're essentially screwed unless you want to be completely paranoid about it all of the time to make sure you're being treated fairly.
Stupid.
Eric Jaffa -
Yeah, KBH did not declare she wouldn't filibuster it either. How very washington lawyerly of her.
For all those Hillary voters who say if Obama wins they will vote for McCrazy, I hope they like more of this , because that is what you are going to get. McCrazy would veto any bill that give women a fair shake.
welcome to the corporate courts
activist judges who pander to the wishes of the corporations rather then the people
we are the republican and democratic parties and we approved these appointees
Who needs equal pay. Support flag burning amendment!!
Whoaaa!!
USA! USA! USA!
HeyCaptain @ 5:
No you won't. Though, we do have a nice deprogramming center for your particular occupation.
diamondmc @ 29:
It's highly doubtful that Clinton would take a woman's side over a corporation's. When employers are sued for gender discrimination in Arkansas, the employers hire The Rose Law Firm.
fiver @ 33:
So if I work for a law firm in which other attorneys do criminal defense work, does that mean I'm on the side of murderers?
Condi Rice is polishing up her, "aluminum pipes" and "yellow-cake uranium" speech at this very moment.
This time it won't be Osama's fault, they'll blame American Democrats, starting with Hillary and Obama.
Rusty Shackleford @ 34:
No. But law is a profession where it's quite easy to put your money where your mouth is. Clinton chose to represent corporate interests against people. It's what corporate lawyers do. She could have done much good by championing women's rights as an attorney. Instead, Hillary took the money.
If I were considering what kind of Justice a criminal defense lawyer might appoint, I'd imagine it would be one who believes in rights guaranteed to defendants in our Constitution. If I were considering what kind of Justice a corporate lawyer would appoint, I'd imagine it would be the same as one appointed by a CEO president.
BTW, criminal defense attorneys defend people accused of crime, many of whom are innocent, and these lawyers are the only real assurance we have that those convicted may be guilty.
I'm still looking for all those innocent corporations who are victims of the little guy.
How much more obvious do Republicans have to make their contempt for pretty much everyone before people will stop voting for them?
Is it possible that John Dubya McCain will do even less for the American worker than Bush? Doubtful, but he certainly won't do any more, either.
Personally, I'd like someone from my generation that has positive views towards women rather than anyone who would call their own wife a "trollop and a C*nt".
If you want to keep the 180-day deadline, not from when the employee discovers the inequality but from when it actually starts, fine. New law: every place of employment has to post what every employee makes, including salaries and all bonuses/benefits.
I've worked for my current employer for ten years. I have absolutely no idea how much any of my co-workers make. That information is considered highly confidential, as I'm sure it is at many companies. The only way that any anti-discriminatory laws ever have a hope of functioning is if employees have some way of determining whether or not they are being discriminated against. But of course keeping us in the dark is the agenda of the repugs. "Looky, we have these nice pretty anti-discrimination laws. And we've formulated them so they're of no use whatsoever."
Come on Obama, Clinton, the DNC.....this needs to be McCain's "Bittergate"....call it his "WorkingWomensGate". His reply to why he would have voted NO is absurd and demeaning: lawsuits (trial lawyers!!!!), government regulations, a burden on business....give me a break! If lawsuits are filed, it's for cause, and regulations are needed to insure that women can be treated equally and have recourse when they aren't. Once again the GOP proves that it bends to the wishes of the US Chamber of Commerca, and not to the interests of the working class. McCain shows by his response that he's just good for spouting RNC cliches. These were exactly the arguments made on the Senate floor by Republicans during the debate. McCain never even read the Bill.
This is also a litmus test for the media: will they pounce on this the way they did "Bittergate"? Or bury it? But the DNC and our candidates need to keep it ALIVE...especially Obama, because maybe now those white working class women who love Hilary (good for them) and say they'd never vote for Obama need a WAKE UP CALL. Obama and Clinton both left INdiana to return to Washington to vote YEA, they both co-sponsored the Bill. McCain couldn't bother to leave his tour of America to return to Washington. Once again he was MISSING IN ACTION....and completely out of touch. And how about "elitism"...?
So, let's go DNC, Obama, Clinton, Dean.....and the media!!!! Presssure them all, folks...this should be, at least for a couple of weeks, our GOLDEN GOOSE that cooks McCain and the Senate Republicans along with him......
#33: The proof is in the pudding. Clinton VOTED for women over corporations (as did Obama). And she delivered a very good, short speech on the Senate floor as to why. Looking back at the Rose Law Firm (which did much more than just business law) is irrelevant. One of Clinton's strong points with women is that she has stood for them and with them consistently.
fiver @ 36:
Those are all valid points.
But consider this: what would you think about a Supreme Court justice who was a Republican, worked for an oil company right out of law school, became a prosecutor, thought at one time that the internment of Japanese during WWII was a good thing, and was put on the bench by a Republican president who wanted a consistently conservative justice? Doesn't sound too good does it? But that was Earl Warren.
Point being, Hillary can't be definitively pigeonholed by the fact that she worked for the Rose Law Firm or was on the board of Wal-Mart.
I support this law, and think it corrects a serious problem, but don't know if it's more important than issues like lapel pins and preacher comments. It should also be noted that lieberman voted right this time
I would have liked to have commented on this, but I think I might need more "education and training" before I am allowed to....
If we had real leadership, they'd be making the Republicans actually work for, and earn, these filibusters.
Isn't it amazing that even with a Democraticlly controlled congress they still only pass legislation that favors big business/ corporations over the people they purport to represent. Any thing that favors us falls just a little short.
The only difference between a Democrat and a Republican these days is the way in which they go about not representing us!!
Kick the bums out!!
You have to admit - Republics are consistent - they hate women, minorities, immigrants, public school children (except for photo-ops) - basically anyone who is not a rich, white male with an overinflated ego.
And Gordon Smith is a tool who is gonna get his rear end kicked this year.
I love how the Republicans can turn the oppressor into the oppressed and vice versa. Now women are to blame because if this law passes, then they'll have more leeway to file lawsuits if they receive less than equal pay for equal work. Republicans are MASTERS at blaming the oppressed for "playing the victim game," a game they are masters at playing. Total Hypocrites.
Of course they did.
They're a bunch of terrified old white men desperately clinging to their crumbling power structure by screaming that the sky is falling. All the white men are running around with their hands in the air screaming that the sky is falling because of the women, the blacks, the hispanics, the gays -- you name it.
Misogynistic, racist, bigoted homophobes. Watch out! Don't let women make any money - then you can't control them!
*
Vote the Bums Out!
WoodyD -- I was going to say exactly the same thing. If the little wimminz like me aren't allowed to know what our collegues make, and aren't allow to sue if we've worked at our place of employment for more than 6 months, then pretty much, we're screwed. As are people of color, people of the alternate sexualities, and, well, anyone who faces systematic discrimination. Just friggin bullshit, all around.
Yet despite this, poor conservatives will still vote for Republicans because they hate gays and promise to kill more Arab Muslims.
YourMom @ 9:
Bollocks!
We ain't done! I ain't givin up...not yet anyway!
Much of the support for the so-called "equal pay bill" is based on a factual misunderstanding about the deadline that applies to pay discrimination claims -- most of which can still be brought for much longer than 180 days after discrimination happens.
In the court ruling that the bill seeks to overturn, the Supreme Court properly applied the deadline explicitly mandated by the law the plaintiff was suing under -- Title VII -- and it did not bar most pay discrimination suits from being brought after 180 days, since those lawsuits can be brought under other laws specifically intended to handle pay discrimination cases, like the Equal Pay Act, which have much longer deadlines.
In Ledbetter v. Goodyear (2007), the Supreme Court enforced the explicit 180-day deadline for bringing discrimination claims under Title VII, ruling that Lilly Ledbetter’s pay discrimination suit under Title VII was untimely because she brought it long after 180 days had elapsed. But the court specifically noted in a footnote that the plaintiff had (for unknown reasons) dropped her claim under the Equal Pay Act — which has a longer deadline (3 years) for suing. Court reporters ignored the footnote and the very existence of the Equal Pay Act and thus created the false impression that the Supreme Court’s enforcing the Title VII deadline as written would leave women without any redress for sex-based pay discrimination after 180 days had passed.
It makes sense that the two laws have different deadlines, because one deals with pay discrimination, which often takes a long time to learn about (your co-workers’ pay isn’t usually public knowledge, so it’s hard to know whether your male colleagues are being paid more than you are for the same job), while the other deals primarily with things like hiring and firing, which you learn about immediately.
Moreover, the bill the Senate is considering doesn't just change the deadline the Supreme Court set for Title VII. Even supporters of the bill like the Washington Post complain about one bug in the bill, which the Post seeks to have amended out of the bill before it is passed: the fact that it would allow “someone other than the employee“ to sue the employer under the expanded deadline. But that flaw isn’t a bug, it’s an intended feature of the bill, indeed, one of the cynical reasons the bill was introduced.
Many laws with long deadlines for suing, like 42 U.S.C. 1981 (which permits suits over race discrimination for up to four years after it occurred, regardless of whether the discrimination involves pay, hiring, or firing), only permit the affected employee — not bureaucrats like the Equal Employment Opportunity Commission (EEOC) — to sue over alleged discrimination, preventing one borderline stale claim of discrimination by a single former employee from being used by the EEOC to create a vast class action or demand for wide-ranging and intrusive injunctive relief against an employer.
By contrast, Title VII already gives the EEOC broad leeway to butt in and sue in federal court based on allegations that an employer discriminated against an employee, even if the employee herself has agreed to forego a lawsuit in favor of other means, like arbitration. The Lily Ledbetter Fair Pay Act would go far beyond even that by allowing any “affected” person, not just the employee or the EEOC, the ability to sue under Title VII.
If the Lilly Ledbetter Fair Pay Act passes, the EEOC’s ability to bring such suits under Title VII, and demand wide-ranging injunctive “relief” (or extract controversial settlements containing gender-based or race-based preferences) will be dramatically expanded. And a gaggle of additional parties claiming to be “affected” will be able to bring lawsuits of their own.
Rusty Shackleford @ 42:
Great Warren reference, but usually when you see a Scalia you get an Alito.
#55-Thank you for your eloquence. Now perhaps you could explain McCain's comment about women needing more training and education . WTF?
Ron @ 12:
Sorry Ron...I am pretty sure you (and me) know the answer to that question.
"No Way Jose" will that bunch of spineless whimps do what is needed and required.
Every woman in this country who doesn't consider the Republican blockage of this bill a personal attack on their gender is deaf,dunb, and blind
These GOP bastards can always find an excuse to justify screwing the working person out of a few bucks.
But ask some trust-fund asshole who never worked a day in their life and is worth millions or billions to pay some taxes, and these greedy evil repuke SOB's go nuts.
I loathe every last one of those mother f-er's.
The very same people fight against H1B visas like hell, saying it's a way to import cheap labor into the country, undercutting ordinary americans. Talk about conflicting messages.
Login or Register to post comments.