cents, Latina women make 56 cents, and Asian women make 82 cents for each dollar a man .... with cultures of abuse. She
Closing the Wage Gap and Fighting for Gender Equity
Equal pay for equal work is the law of the land. Yet nationally, a woman makes 79 cents for each dollar earned by a man.1 New York State has a smaller wage gap, at 89 cents on the dollar.2 And for women of color in New York, the wage gap grows exponentially. Black women make only 66 cents, Latina women make 56 cents, and Asian women make 82 cents for each dollar a man makes.3 Righting this wrong requires a commitment to examining the root causes of the inequity, amending or re-applying the law to affect those root causes, stepping up enforcement, and changing workplace culture. As Public Advocate, I sponsored a landmark law that prohibits employers in New York City from inquiring about a job applicant’s salary history -- a vital way of stopping the perpetuation of the gender pay gap. I published a series of reports addressing the gender wage gap including a first-of-its kind report identifying gender and salary data for all 300,000 New York City employees that shed light on the hiring, pay, and promotion practices of every City agency. I recently introduced legislation to create affordable child care for city employees by using space within city buildings. As Attorney General, I will fight for statewide legislation to mirror the law I helped to pass in New York City which bans employers from asking workers about their salary history. I will create a Wage Discrimination Task Force to investigate and prosecute instances of systemic wage discrimination that currently evade enforcement because they are hidden behind deep misconceptions about the role of women in the workplace. I will take on the wage gap by taking legal action to root out the myriad forms of discrimination against women that result in unequal pay: pregnancy discrimination, caregiver discrimination, and the chronic and wide-spread devaluation of “women’s work.” Pay disparities, even those based on deep-seated prejudices based on a woman’s “appropriate” role, are not the only aspect of work life that keep
1
https://www.jec.senate.gov/public/_cache/files/0779dc2f-4a4e-4386-b847-9ae919735acc/gender-pay-ine quality----us-congress-joint-economic-committee.pdf 2 http://www.nationalpartnership.org/research-library/workplace-fairness/fair-pay/4-2017-ny-wage-gap.pdf 3 http://www.nationalpartnership.org/research-library/workplace-fairness/fair-pay/4-2017-ny-wage-gap.pdf
- 1 -
women down. The #MeToo movement has demonstrated the shocking and pervasive violence that has been accepted as a regular part of working life. As Attorney General, I will make sexual harassment and gender equity a central focus, ensuring that women have a reliable ally in the office who will use the full extent of her powers to defend women’s right to equal pay and to equality in all facets of our society. In the coming pages, I have outlined my strategy to increase gender equity across the state.
Tish James Candidate for Attorney General
- 2 -
Address the Wage Gap Through Investigation, Legislation, and Litigation Throughout the nation, women earn less than men even though they are better educated: more women than men graduate from college,4 post-graduate schools, and doctoral programs.5 Women earn less than men at the higher end of the income scale -- among the top 2% of wage earners women earn 39 cents to the dollar men make.6 And, women of color earn even less, compared to men, than their white counterparts. As Attorney General, Tish James will fight to make sure that equal pay for equal work is not just a slogan. The root causes of the wage gap are multi-faceted. Sexism and gender bias in the workplace erect barriers to advancement and pay equity; there aren’t enough women leaders in the workforce; work traditionally done by women is valued less than work traditionally done by men; and women are overrepresented in low-wage jobs. The gender wage gap is also inextricably linked to women’s role as primary caretakers, with employers often viewing caretaker status as incongruous with increased work responsibilities and pay or imposing barriers that make it difficult for caretakers to thrive at work and at home. Because the problem is multi-faceted, attempts to address it should be as well. As Attorney General, Tish James will use all available tools: investigation, legislation, and litigation.
Investigate: Create a Wage Discrimination Task Force The cornerstone of the gender wage gap is the dramatic overrepresentation of women in low-wage jobs. One cause of this disparity is bias, plain and simple. Work that is traditionally performed by women tends to be lower paid than traditional male work. A study recently released by Public Advocate Tish James demonstrated this exact point — there are clear distinctions between the types of New York City agencies where a majority of women or men work, and the average pay at majority female agencies lags significantly behind average pay at majority male agencies. There are instances in which the difference in pay is more a product of prejudice than actual job responsibilities. Comparable worth 4
https://nces.ed.gov/fastfacts/display.asp?id=40 https://nces.ed.gov/programs/digest/d16/tables/dt16_318.30.asp?current=yes 6 http://www.businessinsider.com/top-two-percent-every-us-state-2017-7 5
- 3 -
analyses can uncover those biases by applying objective criteria to comparable job titles to ensure that positions that require similar levels of responsibility, work experience, or education are equally compensated. Another hidden cause of the gender wage gap is discrimination in promotion and advancement. For example, in the New York City Police Department (NYPD), men and women in all job titles are paid essentially the same. But men in the NYPD make an average of 31% more than women because women are dramatically overrepresented in lower-wage jobs, such as administrative roles and parking enforcement, while being underrepresented in the higher-wage titles like sergeant and captain.7 In order to protect against the devaluation of traditional women’s work and to investigate barriers to advancement, as Attorney General, Tish James will partner with other state agencies to form a Wage Discrimination Task Force. The Task Force will identify sectors and employers that employ women disproportionately in lower-wage jobs and conduct payroll audits, comparable worth analyses, and probes into promotion practices to determine the causes of the disparities with an eye toward enforcement action. Tish James, through the Task Force, will fight against the different facets of discrimination that keep women in lower-wage jobs while allowing men to advance to higher-paying jobs.
Legislate to Stop the Cycle of Pay Disparities Where it Begins: At Hiring Gender-based wage disparities begin the moment a woman enters the workforce -- and, they become more pronounced throughout her career. Even well-intentioned employers rely on previous wage data to determine a new employee’s salary, but this practice perpetuates the gender wage gap. With each successive opportunity, women are tethered to their past, to the rate of pay they accepted when they first entered the workforce. As Public Advocate, Tish James sponsored a landmark law that prohibits employers in New York City from seeking a job candidate’s salary history. As Attorney General, Tish James will fight for legislation to establish a statewide ban on employers seeking applicants’ salary history.
7
https://pubadvocate.nyc.gov/sites/advocate.nyc.gov/files/agency_wage_hiring_report-final.pdf
- 4 -
Litigate Against Gender Pay Discrimination New York State’s Equal Pay Law requires employers to pay men and women equal rates for jobs that require equal effort, skill, and responsibility under similar conditions. But without vigorous and dedicated enforcement, the Equal Pay Law is simply aspirational. As Attorney General, Tish James will aggressively use the courts to challenge employers who discriminate based on gender, including those who discriminate against caregivers and pregnant women. Some forms of prohibited discrimination represent explicit bias against women in their traditional roles as parents and caregivers. Workplace policies that appear even-handed can have discriminatory impact on those with greater responsibilities in the home. As Attorney General, Tish James will see to it that women’s rights as caregivers are protected. She will defend workers’ rights to predictable work8 schedules, to be free from bias and retaliation as a result of caregiving responsibilities, and to paid family leave. Recent cases involving Walmart, Merck, and Novartis demonstrate that pregnant women continue to face discrimination at work. They lose out on raises and promotions, and sometimes face termination. As Attorney General, Tish James will investigate and prosecute cases involving pregnancy discrimination to ensure that employers are held accountable for their actions, and that pregnant women who experience discrimination receive the compensation, promotion, or reinstatement they deserve.
Fight Sexual Abuse in the Workplace Up to 85% of women report that they have been sexually harassed at work, according to a 2016 report by the Equal Employment Opportunity Commission.9 While the #MeToo movement has brought to light the pervasiveness of workplace sexual harassment, it will take rigorous efforts to correct decades of accepting the unacceptable. As Attorney General, Tish James will take on sexual harassment, investigating companies and industries with a history of harassment complaints. She will use the framework created by the Weinstein Company lawsuit to bring actions against businesses with cultures of abuse. She will create a model code of conduct 8 9
https://www.nytimes.com/interactive/2018/06/15/business/pregnancy-discrimination.html https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm#_Toc453686298
- 5 -
to prevent sexual harassment and seek partnerships with companies looking to right past wrongs.
- 6 -
