Fair Pay Legislation (1999)

— "Women professors] are entitled to be treated fairly and equally."
Professor Dorothy Kovacevich, Kent State University

—"My salary over [the past twenty-five years] has ranged from 40% to 20% less than the salaries of men in the same department where I work. On the average, my salary has been 26% less than male professors. The meaning of the comparison is easy to see. I have been working for . . . six of my twenty-five years without pay."
Professor Norma Sadler, Boise State University

—"Female participation in the profession has increased since 1975 . . . but women remain more likely than men to obtain appointments in lower-paying positions, institutions, and disciplines."
-Ernst Benjamin, former Research Director, AAUP

I. The Need for Action

Women professors continue to be paid less than men.

• At doctoral-level institutions, male professors at the rank of full professor earn 10.2% more than women full professors. (AAUP 1998-99 Salary Survey)
• At public and private institutions, male full professors earn about 14% more than similarly situated women. (AAUP 1997-98 Salary Survey)
• At public institutions, the gap in pay between men and women has increased from 10.5% in 1982-83 to 14% in 1997-98. (AAUP 1997-98 Salary Survey)

While college educations help women and people of color improve their earnings, those college educations do not erase the pay gap. In 1996 college-educated women earned on average $18,000 less annually than college-educated men. (U.S. Bureau of the Census).

II. 1999 Fair Pay Litigation On-Campus

Across the country, professors are seeking to be fairly compensated.

• Six senior female professors sued the University of Southern Florida in federal court, alleging inequities in pay and promotional opportunities for women. According to salary data collected by women who filed the suit, female professors earn an average of $61,976 this academic year, $8,380 less than male professors (1998).
• A federal district court in Boise, Idaho upheld Professor Norma Sadler's July 1997 jury award of $153,300 under the federal and state equal pay acts. Evidence she presented at trial indicated that the gap between her salary and the average male salary ranged from 26 percent in 1993 to 20 percent at the time of trial. The case, which was on appeal, settled (1998).
• Professor Dorothy Kovacevich won her lawsuit in 1997 against Kent State University. Statistics in that case showed that women at Kent State are promoted much less often than men and earn only 80% of their salaries. The final award included three years of back pay and, because she is now retired, a retroactive pension increase. The case is now on appeal (1999).

III. Pending Pay Equity Legislation

Thirty-six years ago, President Kennedy signed the Equal Pay Act (EPA) into law, making it illegal to pay men and women employed in the same workplace different wages for substantially equal jobs.

A. The Paycheck Fairness Act

The Paycheck Fairness Act (S.74/H.R.541) would amend the EPA to further ensure that women are fairly compensated for their work:

• Allows compensatory and punitive damages that are not currently available under the EPA
• Amends the fourth affirmative defense under the EPA--which allows for "a differential based on any other factor other than sex"--to be limited to pay differences that result from a factor that is job- related or concerns a legitimate business interest
• Enables employees to bring class action EPA claims
• Establishes a non-retaliation provision to prohibit employers from penalizing employees for sharing information about their salaries with co-workers
• Authorizes the EEOC, in addition to private plaintiffs, to pursue claims under the new damage provisions
• Authorizes the EEOC to gather wage information based on race, sex, and national origin from employers with 100+ employees

B. The Fair Pay Act

The Fair Pay Act (FPA) (S.702/H.R.1271) amends the EPA by expanding it to prohibit discrimination in wages based not only on gender, but also race or national origin. In addition, the bill:

• Prohibits companies from reducing wages to achieve salary equity
• Authorizes the EEOC to provide technical assistance to employers
• Provides for non-retaliation protections for employees inquiring about or assisting in investigations related to the FPA
• Directs some employers to preserve records on wage setting practices and to file annual reports with the EEOC
• Protects confidentiality of individual names
• Exempts small businesses

IV. What You Can Do

Letters are needed in support of the paycheck fairness act. Write a letter to your Senator and Representative today.

You can reach your Representative at the following address:

Representative XXX
United States House of Representatives
Washington, D.C. 20515

You can reach your Senator at the following address:

Senator XXX
United States Senate
Washington, D.C. 20510

In your one-page letter, be sure to:

1. include your address, so your elected official knows you are a constituent;
2. state that you write in support of the Paycheck Fairness Act and the Fair Pay Act;
3. in a few brief sentences explain why you support the bills;
4. thank your elected official for his/her time, and ask that the elected official explain his/her position on the legislation.

For more information on fair pay issues and women faculty issues on campus, contact Committee W on the Status of Women in the Academic Profession.

(updated 12/03)