Today, April 12, 2011, is Equal Pay Day – the day into 2011 that a woman has to work, on average, to make the same as a man did in just 2010 alone. As I write on this year’s Equal Pay Day, I cannot help but reflect on the fact that only a few days ago we avoided a government shutdown just in the nick of time. An estimated 800,000 federal workers would have been affected by the shutdown—leaving many incredibly worried, particularly about what that meant for their pay. Living in Washington, D.C., there was a lot of talk about getting by with less and how to manage if income was reduced. The stress over the possibility of not getting paychecks was palpable. However, just a few minutes before midnight last Friday, a collective sigh of relief rolled over this city, when a deal was struck.
While there are some concerns about the compromises that were made, the shutdown crisis, at least for now, was averted. The insecurity on people’s faces vanished and talk about making do with less disappeared.
So, then, it is ironic to commemorate Equal Pay Day just a couple days later – a day that marks the fact that it takes women over 15 months to earn what a man does in just 12 months. This is true even 48 years after the passage of the Equal Pay Act of 1963.
So, what if you lost your income and it was restored – good news, right?
What about a different hypothetical: what if your income was restored, but only to 77 percent of what you should have earned, while others around you still got their full 100 percent? Is it fair? Maybe not, but that’s what happens to women every day all across America. Women still, on average, make only 77 cents for every dollar earned by a man.
And what would you do if you couldn’t reclaim what you had lost? According to congressional testimony, it could add up to between $700,000 and $2 million in lost income – the amount that women are already deprived of over the course of their careers due to chronic wage discrimination.
This hypothetical is a reality for more families than ever before – women are the primary or co-breadwinners in two-thirds of families. And despite strides in education and labor force participation, a recent White House report found that women still make far less money than their male counterparts and still face much higher rates of poverty. When women cannot bring home the money they have rightfully earned, the families that depend on those paychecks suffer too.
Fortunately, there is legislation that can help – The Paycheck Fairness Act. This bill would take steps to effectively address wage discrimination and eliminate loopholes that have undermined the Equal Pay Act’s effectiveness over time. In the 111th Congress, this important legislation passed overwhelmingly in the House of Representatives, but fell just two votes short of moving forward in the Senate. It was the closest to passing the Paycheck Fairness Act we have ever been, so we cannot stop fighting for equal pay now. Today, Senator Barbara Mikulski and Representative Rosa DeLauro are reintroducing this important legislation in the 112th Congress and we applaud them for their leadership and deep commitment to this issue.
President Obama and members of the administration have also been very strong supporter of this legislation – clearly understanding how intertwined the fight for equal pay for women is with the economic struggle our country is going through now. Today, in reaffirming his support for combating pay disparities, the President issued a Proclamation for Equal Pay Day, and recently, he spoke to the nation in a televised address to discuss the importance of this bill for working families. He noted:
[A]t a time when folks across this country are struggling to make ends meet – and many families are just trying to get by on one paycheck after a job loss – it’s a reminder that achieving equal pay for equal work isn’t just a women’s issue. It’s a family issue.
In one of my first acts as President, I signed a law so that women who’ve been discriminated against in their salaries could have their day in court to make it right. But there are steps we should take to prevent that from happening in the first place. That’s why I was so disappointed when an important bill to give women more power to stop pay disparities – the Paycheck Fairness Act – was blocked by just two votes in the Senate. And that’s why I’m going to keep up the fight to pass the reforms in that bill.
And we will continue to fight right next to him. Today, as I write on Equal Pay Day, we are thankful that our government has not shut down. Thousands of employees do not have to fear about making ends meet. It’s good news. But crisis averted? Not yet. Ask yourself: is your paycheck 23 percent less than it should be?
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Press ReleaseOct 2024
LGBTQ Rights
+2 Issues
At Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender YouthAt Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender Youth
WASHINGTON – In their brief defending the state’s ban on gender-affirming medical care for transgender youth, Tennessee Attorney General Jonathan Skrmetti has asked the Supreme Court to expand its ruling overturning Roe v. Wade and allow the state to target transgender people’s autonomy over their own bodies, too. In U.S. v. Skrmetti, three Tennessee transgender youth and their families are challenging a state law that prohibits medical providers from prescribing medical treatments to transgender youth, such as puberty blockers and hormone replacement therapies, that are allowed for minors who are not transgender. Represented by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP, the families argue that the ban violates their Equal Protection rights under the 14th Amendment. In the brief filed today, Tennessee relies on the Supreme Court’s 2022 ruling in Dobbs v. Jackson Whole Women’s Health in an attempt to justify its ban on gender-affirming health care for transgender people. The brief cites to Dobbs at least 10 times in sweeping arguments to justify government sex discrimination. “We’ve seen just how far extreme politicians will push to deny us our reproductive freedom, from banning abortion to threatening IVF to even threatening to put doctors in jail for providing emergency care, with deadly consequences for women’s lives,” said Jennifer Dalven, director of the ACLU’s Reproductive Freedom Project. “The same politicians who are trying to control women have now set their sights on transgender people and their families and are trying to control their bodies and lives. Allowing politicians to continue down this road could hold severe implications for the freedom of all people to decide what is right for their own body.” Tennessee claims that their ban on gender-affirming care does not discriminate on the basis of sex even though it bans minors of one sex from accessing health care it allows to members of another sex. A transgender girl is barred from taking doctor-prescribed estrogen because Tennessee considers it “inconsistent” with her birth-assigned sex of male but a cisgender girl with a birth-assigned sex of female is permitted to take estrogen for any purpose including to affirm her female gender identity. “Since this Project’s founding by Justice Ruth Bader Ginsburg, we have adamantly challenged efforts to limit who we can be based on our gender or ability to bear children,” said Ria Tabacco Mar, director of the ACLU’s Women’s Rights Project. “Tennessee’s attempt to limit who young people can become based on their sex shares a through-line with our nation’s history of subjugating women in the name of biology. The fight for each of us to live fully and authentically must include trans people. There is no ‘transgender’ exception to the U.S. Constitution.” In April 2023, the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP sued the state of Tennessee to block S.B. 1, which prohibits medical providers from prescribing medical treatments to transgender youth, such as puberty blockers and hormone replacement therapies, that it exempts for minors who are not transgender. Following a decision by the Sixth Circuit Court of Appeals, S.B. 1 took effect in July 2023. Since 2021, 24 states have banned hormone therapies for transgender youth. “Laws like Tennessee’s are not benign regulations of medical care; they are discriminatory efforts to exclude transgender people from the protections of the Constitution,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Project. “These bans represent a dangerous and discriminatory affront to the well-being of transgender youth across the country and their constitutional right to equal protection under the law.” -
Press ReleaseSep 2024
Women's Rights
Civil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion CareCivil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion Care
WASHINGTON, D.C. - On Friday, a broad coalition of labor, workers’ rights, and gender justice organizations — led by the American Civil Liberties Union (ACLU), the ACLU of Arkansas, and the National Women’s Law Center (NWLC) — filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of the Equal Employment Opportunity Commission’s (EEOC) regulations implementing the landmark Pregnant Workers Fairness Act (PWFA), including the regulations’ explicit protection for workers who have abortions. The PWFA, which took effect last year, was the culmination of a decade-long campaign to secure access to reasonable accommodations for workers with temporary limitations caused by “pregnancy, childbirth, and related medical conditions.” The EEOC’s regulations provide comprehensive guidance to workers, employers, and the courts about the statute’s range of protections, including job-protected time off for medical treatment and recovery. The amicus brief filed in the U.S. Court of Appeals for the Eighth Circuit supports the EEOC in a challenge by 17 red states that are trying to block the PWFA regulations’ coverage of accommodations for abortion-related care. In June, the U.S. District Court for the Eastern District of Arkansas dismissed the states’ challenge, and the states appealed to the Eighth Circuit. Their appeal includes a request that the Eighth Circuit issue a preliminary injunction of the regulations’ abortion provisions. The ACLU-NWLC brief details the federal law’s longstanding ban on discrimination against workers who obtain abortions – protection the PWFA intended to continue. The brief also documents the accounts of workers whose health and jobs were put at risk when their employers denied them accommodations, including time off, for abortion care. Such accounts illustrate the urgent need for clarity with respect to the PWFA’s coverage of abortion-related accommodations, and the devastating medical and financial consequences if such accommodations are denied. “Abortion has long been recognized as part of the full spectrum of workers’ pregnancy-related needs that are protected by the law, ” said Gillian Thomas, senior staff attorney at the ACLU’s Women's Rights Project. “The states’ challenge has created uncertainty, and seeks to deprive workers of essential, job-protected time off for abortion care, posing significant health risks and leading to forced pregnancies. The EEOC regulations are vital to ensure pregnant workers don't have to choose between their health and their jobs.” “Extremist politicians are demonstrating repeatedly their willingness to risk women’s health to advance their anti-abortion agenda,” said Gaylynn Burroughs, vice president for Education and Workplace Justice at the National Women’s Law Center (NWLC). “Let’s be clear: abortion care is pregnancy-related care, and stripping essential protections for abortion from the PWFA would endanger the health and economic security of pregnant workers.” “The Pregnant Workers Fairness Act and its regulations provide a lifeline for workers who need accommodations during the most critical periods of their lives. Attempting to strip away these protections, particularly for abortion-related needs, is an affront to the rights and well-being of pregnant workers,” said John Williams, legal director of the ACLU of Arkansas. “All people in all aspects of pregnancy, including abortion, should be treated with the care and consideration they deserve. We stand firmly with the EEOC in defending these essential protections.” A copy of the brief can be found here. -
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Press ReleaseJul 2024
Women's Rights
LGBTQ Rights
ACLU Condemns House Measure Against Department of Education Title IX RuleACLU Condemns House Measure Against Department of Education Title IX Rule
WASHINGTON – Today, the U.S. House of Representatives voted to pass H.J. Res. 165, a Congressional Review Act resolution disapproving of the U.S. Department of Education’s final Title IX rule providing guidance to schools on protecting students from sexual harassment, pregnancy discrimination, anti-LGBTQ discrimination, and other forms of sex discrimination. Mike Zamore, ACLU National Policy and Government Affairs Director, had the following response: “Today’s vote to completely repeal the Title IX rule takes a sledgehammer to the government’s ability to ensure that all students have the opportunity to learn free from sex discrimination and harassment. Stripping critical civil rights protections from LGBTQ students and students who are pregnant and parenting - as this resolution would do - is something that all members of Congress should strongly oppose. This is also not how Congress should act to protect the rights of students who face disciplinary action under Title IX because passing this resolution would prevent future rulemaking to ensure fair processes in school disciplinary proceedings.” The ACLU’s letter urging a “No” vote on H.J. Res. 165 can be found here: https://www.aclu.org/documents/aclu-urges-no-vote-on-h-j-res-165 The ACLU’s statement on the final Title IX rule can be found here: https://www.aclu.org/press-releases/155090