Res. No. 1152

Resolution calling upon the United States Congress to pass and the President to sign into law the Paycheck Fairness Act.

By Council Members Sears, Avella, Brewer, Fidler, Gerson, Gonzalez, James, Liu, Mark-Viverito, Palma, Recchia Jr., Sanders Jr., Seabrook, Stewart, Weprin, White Jr., Jackson, Barron, Dickens, Koppell and Mealy

                     Whereas, Even though, according to the United States Department of Labor, women now make up 46.3 percent of the total civilian labor force and such numbers indicate that they are an important part of the American workforce, women earn lower pay than men employed in positions that require equal skill, effort, and responsibility; and

                     Whereas, Federal legislation such as the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Equal Pay Act of 1963 (29 U.S.C. 206(d)), prohibit gender and race discrimination in wage-setting systems; and

                     Whereas, Aggrieved workers have experienced difficulty in enforcing anti-wage discrimination laws because of confusion regarding the right to pay equity, as well as the burden of filing and proving claims; and

                     Whereas, The National Committee on Pay Equity has compiled statistics demonstrating that women in the workforce are routinely compensated significantly less than their male counterparts producing equal or comparable work; and

                     Whereas, These statistics indicate that in 2006, women earned roughly $0.77 for every $1.00 earned by men, a figure further exacerbated by racial discrimination, as this figure shrinks to $0.72 for African-American women and $0.60 for Latina women; and

                     Whereas, According to the National Organization for Women (NOW), “If women received the same wages as men who work the same number of hours, have the same education and union status, are the same age, and live in the same region of the country, then these women's annual income would rise by $4,000 and poverty rates would be cut in half. Working families would gain an astounding $200 billion in family income annually;” and

                     Whereas, Pay equity would help more workers become self-sufficient and would reduce their reliance on governmental assistance programs, as indicated by a recent study by the National Committee on Pay Equity which found that “nearly 40 percent of poor working women could leave welfare programs if they were to receive pay equity wage increases;” and

                     Whereas, NOW further estimates that “men working in female-dominated jobs still receive about 20 percent more than women who work in female-dominated jobs” and further notes that, “women are paid less in every occupational classification for which sufficient information is available, according to data analysis in over 300 job classifications provided by the U.S. Department of Labor Statistics;” and

                     Whereas, According to a study from the American Association of University Women Educational Foundation (AAUW), the wage gap affects college graduates as well, and one year after college graduation women earn only 80 percent of their male counterparts’ wages; and

                     Whereas, The AAUW report states that, “even after controlling for hours, occupation, parenthood, and other factors known to affect earnings, the research indicates that one-quarter of the pay gap remains unexplained and is likely due to sex discrimination;” and

                     Whereas, Since the right to pay equity is poorly understood, and current wage discrimination laws are inadequately enforced and place the burden of filing and proving claims on workers, Sen. Hillary Clinton and Rep. Rosa DeLauro have introduced in the United States Congress the Paycheck Fairness Act (S. 766/H.R. 1338) to address these issues; and

                     Whereas, The Act would reduce wage inequity by clarifying the right to pay equity, enhancing enforcement mechanisms of the Equal Pay Act and requiring training on matters involving wage discrimination; now, therefore, be it

                     Resolved, That the Council of the City of New York calls upon the United States Congress to pass and the President to sign into law the Paycheck Fairness Act.

BH

LS#4055

10/26/2007 10:49 AM