House bill would ‘put teeth’ into equal pay laws
“Women in this state, in all avenues of business, make comparably less for performing the exact same work as men,” said McMillan, a Democrat who practices law in Clarksville.
Current law allows wage differences based on seniority, merit, quality of production or any “other reasonable differential” other than gender. McMillan would limit the “other” category to “bona fide factors” such as education, training or experience.
Under a 2004 law, employers found to have knowingly violated equal pay rules must make up the difference to their employee. A second violation would lead to a payment of double the difference, and a third violation to triple payments.
The new proposal would give women the additional right to sue for punitive damages beyond the wage difference. Punitive damages are meant to deter and punish misconduct.
“What we want to do is take the existing law that we already have on the books and try to put some teeth into it,” McMillan said.
State Rep. Susan Lynn was among several Republicans on the House Government Operations committee to express concern about the proposal last week.
“It’s not uncommon to have two employees in the same job earn different amounts at different companies,” said Lynn, who represents Mt. Juliet. “Why? Because the private sector rewards people for individual effort or achievement.”
Lynn said the proposal does not provide a good way to gauge the individual worth of employees — regardless of whether they are men or women.
“Something like this can lead down a dangerous slippery slope, where people can say, ‘You’re just not paying me the same as somebody else,'” she said. “What is the measure of effort and enthusiasm? I don’t see that that’s provided for in this legislation.”
McMillan said she was “stunned” there wasn’t more support for bill, citing the results of a Tennessee Economic Council on Women study that says, “Women continue to earn less, to be less educated, to have higher rates of poverty, and to be less represented in political office than men.”
Women earn an average of $21,366 in Tennessee, or about 28 percent less than the overall average, according to the report.
The bill is also opposed by the state Chamber of Commerce and Industry, the trade association representing 1,500 of the state’s largest companies.
Deb Woolley, the chamber’s president, said the bill’s equal pay title disguises its intent to set up a comparable worth system for compensation, which could lead to “arbitrary decisions about pay.”
“How do you compare the comparable worth of a truck driver at one company with a truck driver at another company?” she asked.
Woolley said the bill’s passage would invite a flood of frivolous lawsuits.
State Rep. Beverly Marrero, D-Memphis, said she was heartened by McMillan’s bill. “I’m an old lady, and I’m just so excited that we’re going to end sex discrimination in my lifetime,” said Marrero, who is 67.
A 2004 U.S. Census study found just five out of 505 job categories where American women typically earn at least as much as men.
Nationally, the median income for a woman working full-time, year-round was about $28,000, compared with $38,000 for a man. That means a woman earned less than 74 cents for every dollar earned by a man.
State Rep. Henri Brooks proposed an amendment to include minority men and women in the bill, but McMillan fended off the idea and argued that female minorities were already included in her bill.
“It’s like having a person on the operating table,” said Brooks, D-Memphis. “Once you have them open, you should get all the disease out.”
Under the proposal, employers would be prohibited from firing or discriminating against workers who try to find out about wage differences by discussing or disclosing their wages.
McMillan’s measure also would set up a voluntary program for private employers to compare wage scales with other companies.
Lynn said she is worried about “how long before voluntary becomes mandatory?” McMillan said she has no intentions of requiring businesses to participate.
“I placed the word voluntary in this bill, and as far as I’m concerned it ought to remain voluntary,” she said.
As an incentive to employers, the bill would set up an annual award for businesses that demonstrate “substantial effort to eliminate pay disparities between men and women,” McMillan said.
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See HB2621/SB3122 at: http://www.legislature.state.tn.us/
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On the Net:
Census Bureau report: http://www.census.gov/prod/2004pubs/censr-15.pdf
Tenn. Economic Council on Women report: http://www.state.tn.us/sos/ecw/counties–report.pdf
e2734 TN XGR Equal Pay Rankings
Rankings of income disparity by county
Eds: With BC-TN-XGR–Equal Pay. Moved in advance for Sunday editions.
By The Associated Press
Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. — A study by the Tennessee Economic Council on Women has ranked the level of income disparity between men and women in the state’s 96 counties, from most equal to least:
1 Cheatham
2 Rutherford
3 Wilson
4 Sumner
5 Moore
6 Williamson
7 Davidson
8 Robertson
9 Dickson
10 Smith
11 Loudon
12 Marshall
13 Knox
14 Blount
15 Montgomery
16 Sullivan
17 Anderson
18 Trousdale
19 Cannon
20 Maury
20 Humphreys
22 Bradley
23 Tipton
24 Sevier
25 Hamilton
26 Giles
27 Washington
28 Chester
29 Putnam
30 Bedford
31 Franklin
32 Gibson
33 Cumberland
34 Marion
35 Stewart
36 Weakley
37 Shelby
38 Crockett
39 Lincoln
39 Fayette
41 Henry
42 Henderson
43 McMinn
44 Pickett
45 Hawkins
46 Roane
47 Polk
48 Decatur
49 Greene
50 Jefferson
51 Madison
52 Jackson
53 McNairy
54 Hamblen
55 Bledsoe
56 Dekalb
57 Van Buren
58 Overton
59 Carter
60 Perry
61 Macon
62 White
63 Lewis
64 Grainger
65 Unicoi
66 Sequatchie
67 Warren
68 Hickman
69 Haywood
70 Dyer
71 Lawrence
72 Coffee
73 Hardeman
74 Rhea
75 Claiborne
76 Houston
77 Monroe
78 Hancock
78 Carroll
80 Obion
81 Morgan
82 Union
83 Wayne
84 Cocke
85 Scott
86 Benton
86 Johnson
88 Fentress
89 Campbell
90 Lake
91 Lauderdale
92 Clay
93 Meigs
94 Hardin
95 Grundy
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Source: Tennessee Economic Council on Women.