Regular Session 2015-2016 House Resolution 0113 P.N. 0697

PRINTER'S NO. 697

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

113

Session of

2015

INTRODUCED BY READSHAW, KIM, C. PARKER, DONATUCCI, W. KELLER,

DEASY, KOTIK, PASHINSKI, FREEMAN, McNEILL, COHEN, HARKINS,

SCHWEYER, SCHLOSSBERG, D. COSTA, SIMS, FRANKEL, ROEBUCK AND

McCARTER, FEBRUARY 26, 2015

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 26, 2015

A RESOLUTION

Urging the Governor to issue executive orders affirming the

antidiscrimination provisions of the Procurement Code in

regard to gender pay and directing the Department of Labor

and Industry to require State contractors and subcontractors

to submit certain data.

WHEREAS, When President John F. Kennedy signed the Equal Pay

Act (EPA) into law on June 10, 1963, it became illegal for

employers to pay unequal wages to men and women who perform

substantially equal work; and

WHEREAS, In 1964, President Lyndon B. Johnson signed into law

Title VII of the Civil Rights Act of 1964, making it illegal to

discriminate, including in wages and pay, on the basis of sex,

race, color, religion and national origin; and

WHEREAS, Under the Pennsylvania Human Relations Act it is

unlawful for an employer to discriminate against an individual

or independent contractor with respect to compensation, hire,

tenure, terms, conditions or privileges of employment or

contract if the individual or independent contractor is the best

able and most competent to perform the services required; and

WHEREAS, The gender pay gap represents the difference between

male and female earnings expressed as a percentage of male

earnings or, simply stated, the average difference between men's

and women's hourly earnings; and

WHEREAS, Although enforcement of the EPA and other civil

rights laws for more than five decades has helped to narrow the

gender pay gap, significant male-female income differences

remain; and

WHEREAS, The gender pay gap is of particular concern in light

of the economic downturn and the struggle women and their

families continue to face during the current period of economic

recovery; and

WHEREAS, When the EPA was passed in 1963, women earned merely

59 cents for every dollar earned by men; and

WHEREAS, According to the latest United States Census Bureau

data, women nationwide now earn 77 cents for every dollar earned

by men; and

WHEREAS, According to the 2012 United States Census Bureau

data, female workers in this Commonwealth average 77 cents for

every dollar earned by men; and

WHEREAS, Among full-time workers in 2012, women of color,

including African-American and Hispanic women, had lower weekly

earnings than non-Hispanic white women and Asian-American women;

and

WHEREAS, The gender pay gap exists across a wide spectrum of

occupations and education levels; and

WHEREAS, In 2009, the largest income gap between men and

women was found in high-paying occupations, including among

health care professionals and persons who work in the financial

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markets; and

WHEREAS, Although graduation from high school helps to boost

a woman's median income, the median income for a man with a high

school diploma is markedly higher than that of an equally

credentialed woman; and

WHEREAS, A 2012 study by the American Association of

University Women (AAUW) found, after accounting for college

major, occupation, economic sector, hours worked, months

unemployed since graduation, grade point average, undergraduate

institution, age, geographic region and marital status, a 7%

difference in the earnings of male and female college graduates

one year after graduation; and

WHEREAS, The AAUW study found a 12% difference in earnings

between full-time male and female workers ten years after

college graduation; and

WHEREAS, Disparities in pay follow women into retirement,

jeopardizing their economic security once they leave the work

force; and

WHEREAS, Women entering retirement are more likely to

experience poverty as many of the multiple sources of income

older Americans rely on, including Social Security and pension

benefits, are directly linked to an individual's career

earnings; and

WHEREAS, In 2009, Social Security benefits for an older woman

averaged 71% of those benefits granted to an older man, and

income from public and private pensions based on a woman's work

history were 60% and 48%, respectively, of a man's pension

income; and

WHEREAS, The fact that numerous women in this Commonwealth

are increasingly responsible for the economic security of their

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families makes equal pay much more than a women's issue; and

WHEREAS, Between 1967 and 2010, the percentage of working

mothers nationwide who brought home at least a quarter of the

family's income increased from 28% to nearly 64%; and

WHEREAS, In 2012, the median pay for Pennsylvania women

working full time, year round, was $37,414 per year, while the

median yearly pay for a man was $49,330, establishing an annual

pay gap of $11,916 between full-time working men and full-time

working women in this Commonwealth; and

WHEREAS, Studies have shown that even when all relevant

career and family attributes are taken into account, there is

still an unexplained pay gap which can be attributed to gender

discrimination; and

WHEREAS, If this gap were eliminated, women in this

Commonwealth and their families would have more money for

groceries, mortgage or rent, utility payments and family health

insurance premiums, with the extra earnings providing critical

income for thousands of families living in poverty; and

WHEREAS, On April 8, 2014, a Federal memorandum recommended

by the National Equal Pay Task Force was sent to the United

States Secretary of Labor directing the United States Department

of Labor (DL) to require Federal contractors and subcontractors

to submit to DL summary data on compensation paid to employees,

including data by sex and race, for purposes of enhancing the

effectiveness of Federal enforcement of compensation

discrimination; and

WHEREAS, An Executive order issued on April 8, 2014,

prohibits Federal contractors and subcontractors from

discharging or discriminating against any employee or applicant

because such employee or applicant has inquired about, discussed

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or disclosed the compensation of the employee or applicant or

another employer, employee or applicant; and

WHEREAS, With the issuance of the Federal memorandum and the

Executive order, applicants and employees of Federal contractors

and subcontractors have the ability to discover violations of

equal pay laws and seek appropriate remedies, thus better

protecting them from compensation discrimination; and

WHEREAS, State government should work to eliminate gender pay

discrimination at all occupations and employment levels; and

WHEREAS, State government should combat the persistent gender

pay gap and contribute to the economic security of residents of

this Commonwealth by identifying any systemic discrimination,

providing women with more tools to achieve pay equity and

assisting families who rely on a woman's wage for all or a

significant portion of their income; therefore be it

RESOLVED, That the House of Representatives urge the Governor

to issue an Executive order affirming that the contract

provisions prohibiting discrimination under the Procurement Code

extend to gender pay discrimination; and be it further

RESOLVED, That the House of Representatives urge the Governor

to issue an Executive order directing the Department of Labor

and Industry to require State contractors and subcontractors to

submit quarterly data on compensation paid to employees,

including data by gender, race, age and geographic region, to

enhance effectiveness of State enforcement of gender pay

discrimination; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the Office of the Governor.

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