On the recordMarch 27, 2019
Madam Chair, don't be mistaken. This amendment is a clear attempt to undermine the fundamental objectives of the Paycheck Fairness Act, which are to engender pay disparity by, in part, further clarifying congressional intent so that courts can no longer dismiss meritorious claims. The Paycheck Fairness Act fixes current employment discrimination and pay discrimination laws, laws that have proven insufficient, given that women still earn 80 cents on the dollar compared to similarly situated White men. And, of course, the disparity for women of color is even greater. Under the current Equal Pay Act, an employer is not liable for gender pay disparity if the disparity is due to merit, seniority, quality of production or ``a factor other than sex.'' Some courts have interpreted the ``factor other than sex'' criteria so broadly that it frustrates the codified intent of the Equal Pay Act. For instance, some courts have found that the ``factor other than sex'' need not be business related or even related to the particular job in question. Some courts have interpreted the ``factor other than sex'' defense to include ``market forces,'' or worse, accepted the argument that pay disparity can be explained by an employer's ``random decision.'' Those interpretations are nothing more than a lifesaver for pretextual discrimination. This amendment does the same thing.…





