The Leader Board

Jobs Groups Warn It 'Would Spawn Frivolous Lawsuits,' Editorials Argue 'Companies Are Right To Be Concerned'

JOBS GROUPS: 'Would Harm Employers Of All Sizes'

JOBS GROUPS LETTER: "The provisions of the Paycheck Fairness Act would harm employers of all sizes, as the bill would apply to employers with as few as two employees. The threat the bill poses to small business is particularly troubling given the draconian penalties found in this legislation, which include unlimited damages regardless of whether a pay discrepancy was unintentional." (Letter To Sens. Reid And McConnell, 22 Jobs Groups, 5/24/12)

  • "This flawed legislation could outlaw many legitimate practices that employers currently use to set employee pay rates, even where there is no evidence of intentional discrimination. Common practices that a court could find unlawful under S. 3220 include providing premium pay for professional experience, education, shift differentials or hazardous work, as well as pay differentials based on local labor market rates or an organization's profitability." (Letter To Sens. Reid And McConnell, 22 Jobs Groups, 5/24/12)
  • "A number of federal laws already specifically protect employees from pay discrimination, including the Equal Pay Act, the Civil Rights Act and the Lilly Ledbetter Fair Pay Act." (Letter To Sens. Reid And McConnell, 22 Jobs Groups, 5/24/12)
  • Letter Signed By: U.S. Chamber of Commerce; American Bakers Association; American Bankers Association; American Hotel & Lodging Association; Associated Builders & Contractors, Inc.; College and University Professional Association for Human Resources; Food Marketing Institute; HR Policy Association; International Public Management Association for Human Resources; National Association of Manufacturers; National Association of Wholesaler-Distributors; National Council of Chain Restaurants; National Council of Textile Organizations; National Federation of Independent Business; National Public Employer Labor Relations Association; National Restaurant Association; National Retail Federation; National Roofing Contractors Association; Printing Industries of America; Retail Industry Leaders Association; Small Business & Entrepreneurship Council; Society for Human Resource Management

U.S. CHAMBER OF COMMERCE:  "Unlawful pay discrimination is abhorrent, but this bill is not a responsible way to address it." ("Mikulski Plan For Women's Pay Gets New Push," The Baltimore Sun, 5/23/12)

SOCIETY FOR HUMAN RESOURCE MANAGEMENT:  "…SHRM opposes Federal government efforts to second-guess employers in making pay decisions..." ("HR Alert! Oppose The Paycheck Fairness Act," SHRM Statement, 5/30/12)


EDITORIALS: 'A Flawed Approach,' 'Grossly Intrusive'

CHICAGO TRIBUNE: "…grossly intrusive on decision-making by private businesses. At least one group would get a fatter paycheck from the Paycheck Fairness Act: trial lawyers." (Editorial, "Paycheck Fairness?," The Chicago Tribune, 11/12/10)

WASHINGTON POST: "Paycheck Fairness Act: A flawed approach to job bias… could make employers vulnerable to attack for responding to market forces… not the right fix." (Editorial, "Paycheck Fairness Act: A Flawed Approach To Job Bias," The Washington Post, 9/28/10)

BOSTON GLOBE: "…the measure as a whole is too broad a solution to a complex, nuanced problem… The bill would create too strong a presumption in favor of discrimination over other, equally plausible explanations…" (Editorial, "Bill Takes On Disturbing Pay Gap — But Offers Flawed Remedies," The Boston Globe, 11/17/10)