Monday, December 3, 2012

Revised Rough Draft Formal Paper #2



November 25, 2012

Dian Feinstein
1234 Capital Street
Sacramento, CA 95060

Dear Ms. Feinstein:

Citizens of United States of America pride themselves on being part of this land of opportunity and a country built on equality.  So why are the women in this country still battling the gender pay gap?  The Paycheck Fairness Act was blocked this year by Senate Republicans.  This act would have allowed employees/ colleagues to discuss their salaries without penalties.  In addition would have employed good morale resulting in happier more productive employees. 

In the last several years the United States Supreme Court has heard numerous class action lawsuits regarding gender wage discrimination issues. In 2011, the largest class action law suit to ever be filed and heard by Supreme Court included 1.5 million female employees of Wal-Mart alleging gender wage discrimination. Betty Dukes, the main plaintiff in this case claimed she was paid less than her male coworkers with less seniority, and repeatedly passed over for managerial promotions. According to Lila Shapiro, a reporter with the Huffington Post, one victim described the discrimination saying, she confronted a district manager back in 2003, (after Betty Dukes filed her initial complaint) when she learned that a less experienced male colleague was earning more. The manager told her, "That's just the way it is. Men always get paid more."
This is typical Wal-Mart management practice and is just one of millions of women who experienced gender discrimination and was interviewed by the attorneys representing the class action case.

Another high profile Supreme Court gender wage discrimination case was filed by Lilly Ledbetter, an employee of Goodyear Tire and Rubber for nineteen years.  She discovered that she was paid less than her male peers for the same work.  Lilly filed a lawsuit against Goodyear which ultimately ended up in the U.S. Supreme Court where she lost.  Unfortunately, she didn't file her complaint fast enough.  She worked graveyard shift for Goodyear from 1979 to 1998.  During that time she experienced daily sexual discrimination and harassment. Regardless, she was awarded a Top Performance Award in 1996, although her pay raises were never in line with her male coworkers. But Lilly had no idea she was being underpaid, she had signed a contract with her employer that didn’t allow her to discuss her wages with other workers.  Upon her retirement, an anonymous person left her a note in her mailbox outlining the salaries of the men who worked with her and performed the same job.  The three men were paid $4,286 to $5,236 per month.  Lilly was paid $3,727 per month. 

Sadly, the U.S. Supreme Court ruled that the complaint she filed needed to be filed within 180 days of the first discrimination of pay incident, including if the employee didn’t know about it till a later date.  Therefore her complaint had no legal standing.

Personally, I am sickened by the response from the Supreme Court.  To me this seems like another form of discrimination in itself.  I now understand why wage discrimination continues to be gainfully swept under the rug. This allows further discrimination by employers as long as they can keep their employees in the dark for a short period of time.

There are several theories and mixed opinions about this issue.  Researchers believe the problem exists, while other people deny it’s an issue to be changed.  Moreover, numbers don’t lie and from the scientific study most recently completed in 2012 by the American Association of University Women, from data extracted directly from the 2009 U.S. Department of Educational Statistics.  As of 2009 women earn 82 cents for every dollar a man earns, during the first year out of college.  With further studies and comparing “apples to apples”; when women are in identical occupations they earn 7% less than their male counterparts.  And furthermore, African American women earn only 72 cents for every dollar white men earn and Latina women earn 60 cents for every dollar that white men earn.  With these statistics is seems painfully obvious actions need to be taken to protect equal rights for employees in America.

In 1963 when the Equal Pay for Equal Work Act was passed into law, it was to protect the rights of workers and mandate equal pay for equal work no matter the person’s sex, color, race, religion, national origin, or disability. According to the U.S. Employment Equal opportunity Commission; The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.
    
During the past 50 years, the ratios for women’s employment education and equal rights have hugely improved, but still far short from equal.  The gender pay gap has been thrown around by the media since women started working.  The opinion that the pay gap is largely exaggerated is simply not true.  As unfortunate as the reality is, stereotyping of men being worth more, working more efficiently, having greater competence, deserving more pay because of their head of household status or wealth status, has been happening since women began working.  These perceptions perpetuate themselves and result in men and women both valuing men’s labor at a higher pay.  Though neither men nor women would admit to these opinions of value because risk of being outside the social norm or being labeled sexist.  As a matter of fact it has been studied extensively by psychologists at universities such as Stanford, Princeton, University of California Santa Barbara, Southern Illinois University of Edwardsville and Southern Illinois University of Carbondale to name a few.

Still there are numerous factors that create the consistent problem, such as pay expectations, which tend to be lower for women.  According to a Kent State University, women view their own worth as less than men view their worth, when they negotiate pay during the hiring process.    

Women have been devalued for thousands of years as suggested from the Old Testament passage and shows how far we have come.

The Lord said to Moses, “Speak to the Israelites and say to them, If anyone makes a special vow to dedicate persons to the Lord by giving equivalent values, set the value of male between the ages of 20 and 60 at 50 shekels of silver, according to the sanctuary shekel; and if it is a female, set her value at 30 shekels.                                                                          -Leviticus 27:1-4

As I look forward to completing my college education, it is clear to me that I will need to do my due diligence in researching my career’s salary data and be confident in my skills and in my pursuit to negotiate a fair salary.
The consequences of gender wage gap can be detrimental to the women and men in our society.  Many households depend on one women’s salary, whether it’s a single women, mother, wife or caregiver.  Especially with the recession, there are more men out of work then women. 

Why should women have to work longer and harder to make the same wages, to earn the same Social Security, to contribute the same amount to retirement, to pay back the same amount of education debt and to support their families?




Sincerely,



Kelly Finneran
1234 Mary Way
Soquel, CA 95073


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