Although a number of laws exist to address equal pay enforcement, the Task Force has identified five persistent challenges in this area, made recommendations to address each challenge, and developed an action plan to implement those recommendations. The recommendations from the National Equal Pay Enforcement Task Force are as follows:
1. Improve interagency coordination and enforcement efforts to maximize effectiveness of existing authorities.
2. Collect data on the private workforce to better understand the scope of the pay gap and target enforcement efforts.
3. Undertake a public education campaign to educate employers on their obligations and employees on their rights.
4. Implement a strategy to improve the federal government’s role as a model employer.
5. Work with Congress to pass the Paycheck Fairness Act.

To read more about this set of recommendations and action plan, please click here (www.whitehouse.gov/sites/default/files/rss_viewer/equal_pay_task_force.pdf) .
The White House Council on Women and Girls also announced the White House’s launch of a Work-Flex Event Starter Kit to encourage greater dialogue around workplace flexibility at the community level and bring people together to start making changes. Employees, businesses, and universities are encouraged to use the Event Starter Kit to host a discussion in their own community about how innovative workplace flexibility policies can help employees balance work and family responsibilities, while simultaneously improving employers’ bottom lines. To view the White House’s Work-Flex Event Starter Kit, please click here (www.whitehouse.gov/work-flex-kit) .

At the event, the Vice President was joined by Attorney General Eric Holder, Secretary of Labor Hilda Solis, Senior Advisor to the President Valerie Jarrett, White House Domestic Policy Council Director Melody Barnes, and Chair of the Equal Employment Opportunity Commission Jacqueline Berrien. Lilly Ledbetter, the namesake of the Lilly Ledbetter Fair Pay Act signed by President Obama to fight pay discrimination and ensure fundamental fairness to American workers, introduced the Vice President.

The Department of Justice: Attorney General Eric Holder pledged that the Department of Justice and other enforcement agencies will coordinate and collaborate through investigations, litigation, policy guidance, data analysis, and public education efforts to make meaningful progress in closing the wage gap. Already, the Justice Department, in conjunction with the EEOC and four of its district offices, has launched a robust and intensive pilot program to coordinate the investigation and litigation of charges against state and local government employers. The Department is also coordinating with the Office of Federal Contract Compliance Programs to better enforce the laws that protect the civil rights of employees of federal contractors. The Attorney General recommitted the Department of Justice to these critical efforts and to ensuring equal opportunity and equal treatment in the workplace. For more information, please visit: www.justice.gov/.

The Equal Employment Opportunity Commission: The EEOC committed to engage in increased outreach and education to improve awareness of wage discrimination laws; evaluate wage data collection needs and current capabilities, working in concert with the Office of Federal Contract Compliance Programs (OFCCP) to avoid duplicative data collection efforts; work with the Office of Personnel Management (OPM) to improve the federal government’s status as a model employer; and work with the Department of Labor and the Department of Justice to improve interagency coordination toward enforcement of our nation’s wage discrimination laws. For more information, please visit: www.eeoc.gov/.

The Department of Labor: Through a collaborative effort between the Departments of Labor, Justice and the Equal Employment Opportunity Commission, the Administration will ensure strategic enforcement of pay discrimination cases. In addition to hiring nearly 200 more enforcement staff, DOL will publish an Advanced Notice of Proposed Rulemaking early next year. The ANPRM will seek input from stakeholders on how the Equal Opportunity survey can be improved. The Labor Department will also launch new public education efforts, including an Equal Pay Checklist, a revamping of the Equal Pay Employer Self-Audit tool, and hosting an Equal Pay Research Summit.

To address issues related to work/family balance, the Labor Department will conduct a new Family and Medical Leave Act survey in 2011. The survey will provide needed insights into how families use leave. In addition to baseline data collection, the survey will also provide information on regulatory changes including a recent administrative interpretation of the FMLA. In 2011, DOL intends to sponsor a supplement to the American Time Use Survey. The data collection will be designed to gather more information on parental leave, child care responsibilities, family leave insurance program usage, and other issues related to the intersection of work and family responsibilities. Building on the White House’s Flexibility Forum, the Department will also host a series of “National Dialogue on Workplace Flexibility” forums across the country. For more information about the U.S. Labor Department’s pay equity and workplace flexibility initiatives, please visit: www.dol.gov/.

Gov. Paterson & Sen. Hassell-Thompson celebrating new MWBE laws

After years of work by legislators and advocates, including NYWA and EPCNYC, Gov. Paterson signed four MWBE Bills into law on July 15th. They will enable qualified Minority and Women Business Enterprises (MWBEs) to garner a much larger share of state contracts. Congratulations to all who have worked long and hard for this, and special thanks to Nancy Ploeger, Chair of NYWA’s Economic Empowerment Committee, for leading our efforts to create tangible change and increased opportunities for NYS women.

As explained by one of the leaders, Senator Ruth Hassel-Thompson, “These bills intend to bring our State procurement process into the 21st Century by removing barriers that have historically prevented women and persons of color from reaching full economic parity with respect to contracting opportunities in this State.”

(Source - Gov. office) In June 2008, Governor Paterson issued Executive Order No. 10, which established the Task Force on Minority and Women Business Enterprises. As a result of the Executive Order and the work of the Task Force, MWBE participation quadrupled. The firms that are involved with investment banking and the issuance of debt went from 4.2 percent MWBE in 2007 to 23.9 percent now. Under Governor Paterson’s leadership, minority and women firms have yielded an increase of $162 million in revenue from prior year levels. With regard to transportation, thirteen percent of stimulus transportation projects have gone to Disadvantaged Business Enterprises – for a total of $146 million dollars and an estimated 3,500 jobs created or saved.

The following MWBE bills were signed into law:
Governor’s Program Bill No. 297 (S.8312/ A.11525): Raises the cap on discretionary purchases that a State agency can award to MWBEs or small businesses from $100,000 to $200,000, subject to the agency’s internal controls, but not based on full-blown competitive procurement procedures.
Governor’s Program Bill No. 298 (S.8313/ A.11526): Expands contracting practices of public authorities granting increased opportunities for MWBE participation. Additionally, requires that the procurement guidelines for each State public authority include the designation of one or more senior staff to oversee the authority’s MWBE program and requires that procurements be conducted to achieve the authority’s MWBE goals to the maximum feasible extent.

Governor’s Program Bill No. 299 (S.8314/A.11527): Expands and strengthens the State’s program for MWBE contracting, and authorizes a new and more thorough disparity study before the provisions relating to the MWBE program expires in 2014, including in-depth review of contractors’ hiring and promotional practices. This legislation will also create the position of Chief Diversity Officer to oversee the MWBE program and diversity issues in the workforce from within the Executive Chamber.

Emerging Investment Managers Bill (S.6888/ A.9976): Addresses entities that are not executive agencies, and that control large pools of money for investment: the Comptroller, the State Insurance Fund and the Deferred Compensation Board. This legislation will provide emerging investment managers the ability to invest with MWBE financial institutions and to adopt a strategy that motivates investments in underserved regions of the State.

These measures address MWBE disparities in government contracting that were outlined in a comprehensive multi-year study and report commissioned by the New York State Department of Economic Development and released in April 2010 – “The State of Minority and Woman Owned Business Enterprise: Evidence from NY.” In March 2010, following a thorough examination of State procurement processes, the Task Force delivered a series of recommendations designed to provide MWBEs with an opportunity to compete for contracts. The Governor incorporated those recommendations into his Program Bills, which were submitted to the Legislature on April 14, 2010.

The Task Force includes representatives from DASNY, ESD, EFC, the Housing Finance Agency (HFA), the Thruway Authority and members appointed by the Governor including a representative of the Office of State Comptroller and the Governor’s Office. Paul T. Williams Jr., the Executive Director of the Dormitory Authority, has served as the Task Force Chairman.
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The following statements were provided in support of the Governor’s MWBE initiatives:

Senate Majority Conference Leader John L. Sampson said: “Diversity is good for business. Expanding opportunities for minority and women entrepreneurs through greater inclusion in the State procurement process and better access to credit creates a more competitive market to grow our economy. If we are going to remedy discrimination in State contracting programs, it is necessary to implement procurement procedures that will ensure the utilization of MWBEs as well as asset managers. I applaud Governor Paterson and Senator Hassell-Thompson for their diligent and dedicated work on this and other issues.”

Senator Ruth Hassel-Thompson said: “These bills intend to bring our State procurement process into the 21st Century by removing barriers that have historically prevented women and persons of color from reaching full economic parity with respect to contracting opportunities in this State. By the year 2040 more than 50% of the population of New York State will be made up of what are termed ‘minority groups.’ Large corporations have already sought to prepare for this eventuality by engaging in a process known as ‘Supplier Diversity.’ New York State has lagged behind even the private sector with respect to its contract expenditures for Minority and Women’s Business Enterprises (MWBEs). The four bill package, also known as the New York State Business Diversity Act ensures that the State’s fiduciary-controlled entities, public authorities and agencies have developed and codified a strategy aimed at inclusion and meaningful participation of MWBEs across New York State. These bills go a long way to ensure that best-practices are institutionalized and that contracting opportunities are readily available for qualified MWBEs.”

Senator Andrea Stewart-Cousins said: “Despite having one of the largest minority populations, New York State still provides lower levels of funding for minority and women-owned businesses than many other states. This package of legislation will correct this disparity, providing the resources and opportunities that are currently unavailable to minority and women owned business enterprises, which are necessary for long-term success and growth. As Co-Chair of the Senate Democratic Task Force on MWBE’s, I am committed to finding opportunities to support diversity in small business ownership across the State, which will create jobs and support economic prosperity in every community.”

Assembly Speaker Sheldon Silver said: “The signing of these bills is an important stride toward rectifying a very serious injustice that has existed in the business world. By leveling the playing field for minority and women business entrepreneurs — who generate jobs and opportunities in small communities and urban centers throughout New York — we can both eradicate unjust business practices and help get our State’s economy back on track. These bills reflect an effort that has been pursued over many years to improve the process by which minority and women-owned businesses participate in State procurements.”

Half or more of those asked in India, Pakistan and Egypt say a university education is more important for a boy.

The poll, conducted in April and May by the Pew Research Center’s Global Attitudes Project in association with the International Herald Tribune, shows that in both developing countries and wealthy ones, there is a pronounced gap between a belief in the equality of the sexes and how that translates into reality.

In nations where equal rights are already mandated, women seem stymied by a lack of real progress, the poll found.
“Women in the United States and Europe are shouldering major responsibilities at home and at work simultaneously, and this makes for stress and a low quality of life,” said Prof. Herminia Ibarra, co-author of the 2010 Corporate Gender Gap Report of the World Economic Forum.
The opinions of the French, in particular, are emblematic of the uneven drive for equality of the sexes.

One hundred percent of French women and 99 percent of French men backed the idea of equal rights. Yet 75 percent also said that men there had a better life, by far the highest percentage in any of the countries in which polling took place.

Why do people in France, which provides generous state care for new mothers and toddlers, feel so far from having achieved gender equality?
“Because they are, at least in terms of economic participation,” said Professor Ibarra, who teaches organizational behavior at Insead, the international business school based in Fontainebleau, France. “There are still very few women running large organizations, and business culture remains resolutely a boys’ club.”

Indeed, the United States and Germany reported an especially strong gap between the sexes on whether enough has been done to give women equality. Of those who believe in equal rights, many more American and German men believe their nations have made the right amount of changes for women, while many more women than men in those countries think more action is required.
“When you’re left out of the club, you know it,” said Prof. Jacqui True, an expert in gender relations and senior lecturer at the University of Auckland. “When you’re in the club, you don’t see what the problem is.”
The rising giants of China and India, together with Indonesia and Jordan, were the four other countries where a majority of equal-rights supporters think most of the adjustments necessary to establish equality have already been made.

In telephone and face-to-face interviews, the Pew Center found that equality of the sexes was by vast majorities a goal for men and women alike.
In 13 of the countries, more than 90 percent of the respondents said they supported equal rights; in every other country except Egypt, Jordan, Kenya, Indonesia and Nigeria, more than 75 percent backed gender equality. Nigeria, in fact, was the only surveyed country where more than half (54 percent) said women should not have equal rights; 45 percent of respondents favored equal rights.

In addition, only in Pakistan, Egypt and Jordan did fewer than 80 percent of the respondents say that women should be able to work outside the home. Even in those three countries, a majority said they supported women’s right to work.

Showing how widely accepted the notion of equality has become, even more men than women in Britain and Japan supported equal rights. (Scandinavian countries, which often score highest on gender equality, were not part of the survey.)

Yet few countries consider that equality achieved. Only in three countries did a majority of those surveyed say that women and men have achieved a comparable quality of life: Mexico (56 percent), Indonesia (55 percent) and Russia (52 percent). In six other countries, a sizable ratio — 40 to 50 percent — said they believed that men’s and women’s lives were equally good.
In Poland, by contrast, a majority (55 percent) said men had the upper hand. And in another five countries as diverse as India, Spain and Nigeria, 40 to 49 percent said men retained the higher quality of life. But France’s 75 percent led the list.

Only in South Korea (49 percent) and Japan (47 percent) did more people say women are better off than say men are, or that they are the same. It may be that men there “resent being married to their company, and also that there are fewer expectations of women,” Professor True said. “But that’s not equality.”

The variable assessment of gender equality suggests, according to the Pew Research Center report, that “while egalitarian sentiments are pervasive, they are less than robust.”
Most of the countries where people said men and women had equally good lives, Professor True said, “are only beginning to question and challenge gender discrimination and injustice, which have been taken for granted and seen as legitimate.”
“There is a lower consciousness of the gender differences there because men have always dominated,” she added. “Women have not had the opportunity to band together to challenge the power of men.”
Professor True, who is the author of five books on international relations and gender politics, is also head of the feminist theory and gender studies section of the International Studies Association, an organization of scholars and publisher of academic journals.

The surveys were conducted nationwide in all countries except China, India and Pakistan, where samples were disproportionately urban. Margins of sampling error are plus or minus three to five percentage points.
Although government mandates for equal education and job opportunities are frequently the means to gender equality, some nations that uphold the principle of equality also have sizable constituencies who would not give women the same rights to schooling and jobs.
Half or more of those asked in India, Pakistan and Egypt say a university education is more important for a boy; in China, Japan, Jordan, Poland and Nigeria, that number was at least one-third.
In some places where a boy’s education is favored, women had opinions far different from those of men. In Egypt, for instance, a solid 60 percent of men said boys were more entitled to that education, while an equally solid 60 percent of women disagreed. The gender gap was similar in Jordan and Pakistan.

“A lot of families are too poor to send all of their kids to school,” Professor Ibarra said. In India, for example, social groups are trying to organize day care for families so that daughters do not have to stay home and care for younger siblings while the sons go off to school.
Likewise, a strong core in several countries said men had more right to a job than women. More than 50 percent in 10 of the 22 countries said that when jobs are scarce, they should go to men. “If we think that it’s a growable pie, equality is fine,” Professor Ibarra commented. “If we think it’s a limited pie, it’s not.”

In India, Pakistan, Egypt, Indonesia and China, this belief was most widespread, while respondents in the United States, Britain, Spain, Germany and France most strongly disagreed that men should be preferred for jobs when they are hard to find.
Yet the belief that men should not have the edge does not translate into economic reality in many of the same countries. In France, Germany, Poland and India, at least 80 percent of those surveyed said men still got more opportunities than women for jobs that pay well, even when woman were as qualified.

What may be more surprising is that the respondents were not unanimous about men getting the good jobs. The inequity in well-paying jobs, Professor Ibarra said, “is absolutely true.”
“That’s not even an opinion,” the professor said. “You could find hard facts to support that anywhere you look.”
Professor True said it often took two generations before reality caught up with changes in attitudes.

“We’re entering the next phase in many of these countries,” she said. “We’re going to see much more frustration with gender inequality among both women and men before we get institutional change in developing countries.”
How the poll was conducted
The poll on gender equality was conducted by the Pew Research Center in association with the International Herald Tribune in 22 countries: Argentina, Brazil, Britain, China, Egypt, France, Germany, India, Indonesia, Japan, Jordan, Kenya, Lebanon, Mexico, Nigeria, Pakistan, Poland, Russia, South Korea, Spain, Turkey and the United States. These questions are part of the larger 2010 Pew Global Attitudes Project.

Interviews were conducted either by telephone or in person in April and May. In most countries, samples of 700 to 1,300 people were representative of the adult population. In China, India and Pakistan, the samples included at least 2,000 adults and were disproportionately urban. In addition, areas of instability in Egypt and Lebanon and remote sectors of Indonesia, Russia and South Korea were not surveyed.

The margin of sampling error for each country was plus or minus three to five percentage points. In addition, the practical difficulties of conducting any survey of public opinion may introduce other sources of error into the poll. Translation of questions into the many languages involved, for example, may lead to somewhat differing results. Each survey was conducted under the direction of Princeton Survey Research Associates International

An encouraging exchange of information and ideas took place at the June 16th hearing, Closing the Gender Wage Gap, sponsored by the NYC Council Women’s Issues Committee. Council Member Julissa Ferreras, Chair, members of the committee, and CM Letitia James heard from and questioned experts presented by the Equal Pay Coalition NYC and NYWA. The result was a firm commitment to action in the coming session. We will make sure that happens!

Women’s Committee Briefing Paper

Quick overview of testimony followed by full testimony :
Beverly Neufeld, Director of EPCNYC, set forth the Coalitions’ “Agenda for Change” which includes a Taskforce on Women’s Economic Status, pay equity amendments to the Human Rights law, and greater commitment to access to capital and better jobs for the NYC women.

Special guest, Martha Burk, advisor to New Mexico Gov. Bill Richardson reviewed the exciting and innovative approach New Mexico is taking to ensure pay equity.

Hunter College Prof. Pamela Stone shared her research on Pay Equity as an effective tool against poverty. Ana Oliviera, Executive Director of the NY Women’s Foundation, powerfully explained the need for fairer, effective policies.

By reading from testimony presented before a Senate Committee in 2000 when she was Director of DOL’s Women’s Bureau, Irasema Garza, head of Legal Momentum, dramatically illustrated that progress has been stalled.

Dina Bakst, Founder of A Better Balance, discussed current federal and state Equal Pay laws and the need for reform. Lisa Lipman, EPCNYC’a pro bono attorney, explained potential legislative solutions through amendments of NYC’s Human Rights Law.

Merble Reagon, Executive Director of WCECA, previewed the newly released Self Sufficiency Standard and speak to the incomes of poor women in NY and what equity could mean to their families.

Joan D. Firestone, NYWA Government Affairs Co-Chair, and researcher Susan Jonas representing 50/50 in 2020 provided insight and studies on how inequities penetrate the women’s theatre community and undermine the economic health of our city.

Journeywoman Plumber Joyce Collier with her Legal Advocate Cay Fatima brought the facts to life with stories of continuing and daily inequities for tradeswomen.

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WHAT: New York City Council Hearing on CLOSING THE GENDER WAGE GAP
WHEN: Wednesday June 16, 10:00 a.m. to 12:00 p.m.
WHERE: 250 Broadway, 14th Floor
SPONSORED BY: Women’s Issues Committee, Chair, Council Member Julissa Ferreras & Committee Members: Council Members Charles Baron, Margaret Chin, Elizabeth S. Crowley

SPEAKERS TO INCLUDE:
Dr. Martha Burk, author, political psychologist and advisor to New Mexico’s Pay Equity Taskforce;
Council Member Letitia James; Beverly Neufeld, VP NYWA and Director Equal Pay Coalition NYC; Ana Oliveira, Executive Director, New York Women’s Foundation; Irasema Garza, former Director, DOL’s Women’s Bureau and current Executive Director, Legal Momentum; Professor Pamela Stone, Hunter College Pay Equity and Poverty researcher; Merble Reagon, Executive Director WCECA and author of NY Self Sufficiency Standard

47 years after President Kennedy signed the Equal Pay Act, women are still fighting for this basic right. This hearing is part of a growing nationwide awareness that government must take stronger action to build economic security for women and families to promote a robust recovery for NYC and our country.

Calling for action, President Obama on June 10th, the anniversary of the EPA, said, “…pay parity remains far from reality, as women in the United States still only earn 77 cents for every dollar earned by men. For women of color, this gap is even wider. This remains unacceptable… As we emerge from one of the worst recessions in American history, when families are struggling to pay their bills and save for the future, pay inequity only deepens that struggle and hampers our economy’s ability to fully recover.”

Be part of this critical dialogue which affects all New Yorkers. This is not a women’s issue - it is a family checkbook issue.

Media call: Beverly Neufeld 914.329.4046

Unfortunately, the article doesn’t mention an important point: many employers require employees not to discuss their pay with their co-workers, and employees fear retaliation for going against those instructions. For this reason, as Stuart J. Ishimaru, acting chairman of the Equal Employment Opportunity Commission, stated in his March 11 testimony before Congress, many women earn less for potentially discriminatory reasons without even knowing it. Mothers are especially hard hit.

While learning the art of negotiation is helpful, women need more, including more transparent wage information and tougher anti-discrimination laws, including the ability to share salary information without penalty. As a first step, let’s pass the Paycheck Fairness Act, which would help end salary secrecy and significantly strengthen a woman’s ability to earn what she deserves.

Dina Bakst - New York, May 17, 2010

The writer is co-founder and co-president of A Better Balance: The Work and Family Legal Center, a legal advocacy group that promotes women’s rights in the workplace. A Better Balance is a member of the Equal Pay Coalition NYC

The lawsuit on behalf of about 5,600 current and former women employees alleged that while working for Novartis they were systematically denied promotions, paid less and subjected to differential treatment. Full article