Tempers flare as equal pay measure advances in House

McMillan, a Clarksville Democrat, wants to add legal penalties against companies found to have knowingly paid women less money for the same work performed by men. But the proposal, which was previously delayed after extensive debate in the House Government Operations Committee, once again bogged down on Wednesday.

Rep. Susan Lynn, a Mt. Juliet Republican and a vocal opponent of the measure, asked several elaborate questions about the measure, which she called “a bill to help the trial lawyers.”

McMillan, who is an attorney, bristled at that suggestion.

“This is nothing more than a stalling tactic to not let this bill out of this committee,” she said. “And quite frankly, Rep. Lynn, if you are that much against this bill and that much concerned with it, we just need to vote on it, and you need vote against it.”

After much discussion, Chairman Mike Kernell, D-Memphis, tried to limit the debate to a minute per lawmaker, but was voted down. House Minority Leader Bill Dunn, R-Knoxville, proposed to advance the bill without a recommendation, but was defeated along party lines.

“We really need to have a vote on this,” said Rep. Beverly Marrero, D-Memphis. “And the people who want to vote against equity for women need to go ahead and say ‘I don’t care whether women get equal pay for equal work.'”

The debate lasted the entire committee meeting — bumping 23 other bills — before finally advancing it on a 7-5 vote along party lines. Rep. Stacey Campfield, R-Knoxville, abstained.

McMillan disputed Lynn’s complaint that the bill would allow workers to compare their income with women working in other companies

“She is definitely incorrect in her assumptions…,” McMillan said. “It still requires that the discrimination be compared within the same employer. It does not allow cross-employer comparisons.”

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.

Campfield asked McMillan whether the bill would make companies “guilty until proven innocent.”

“No, I’m not saying anyone is guilty,” McMillan responded. “And quite frankly Rep. Campfield, what I hear a lot of times from employers is ‘we already pay employees equally, we don’t discriminate.’ Well, then they don’t have anything to worry about if they’re not doing that.”

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.

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See HB2621 on the General Assembly’s Web site at: http://www.legislature.state.tn.us/