The Future of Pay Equity, 15 Years After Lilly Ledbetter Fair Pay Act

Fifteen years ago, we stood at the White House while then-President Obama signed the Lilly Ledbetter Fair Pay Act. This law restored the rights of employees to have their day in court for ongoing wage discrimination taken away by the Supreme Court in the Ledbetter v. Goodyear case.

This bill was such an important victory for workers and gave employees who were experiencing ongoing pay discrimination their day in court.  However, the law did not give women new tools to combat the wage gap itself. Still, with all working women earning on average 77 cents for every dollar paid to their male counterparts—and the pay gaps even wider for women of color—it reminds us our work is still far from finished. We will not rest until we can enact more policies that give workers stronger tools to challenge pay disparities and other forms of employment discrimination.

What’s Next for #MeToo Legislation?

Six years after #MeToo went viral, significant state legislation has gone into law, with 25 states plus D.C. passing over 80 anti-harassment bills. Bipartisan action from the federal government led to President Biden signing both the Speak Out Act, to address predatory nondisclosure agreements; and the Ending Forced Arbitration of Sexual Assault and Harassment Act, to restore the ability of workers to take their employers to court—both in 2022.

This legislative progress is welcome, but there is more work to be done. It is laudable that 25 five states have enacted additional protection for workers against abusive NDAs and offer added legal shields when it comes to sexual harassment beyond federal statutes. But that leaves 25 states that have not. 

A Prison Guard Was Forced to Stay at Her Post During Labor Pains. Texas Is Fighting Compensation for Her Stillbirth.

The pregnant officer reported contraction-like pains at work, but said she wasn’t allowed to leave for hours. Her baby was delivered stillborn. If Issa had gotten to the hospital sooner, medical personnel told her, the baby would have survived, according to a federal lawsuit filed against the Texas Department of Criminal Justice and prison officials.

But the prison agency and the Texas attorney general’s office, which has staked its reputation on “defending the unborn” all the way up to the U.S. Supreme Court, are arguing the agency shouldn’t be held responsible for the stillbirth because staff didn’t break the law. Plus, they said, it’s not clear that Issa’s fetus had rights as a person.

The Best Present for Minnesota Mothers: Paid Family Leave

In April 2020, my daughter was diagnosed with cancer. Caring for my medically complex daughter was one of the hardest things I have ever done. 

I am thrilled that my home state of Minnesota just approved paid family and medical leave—joining 11 other states and the District of Columbia in offering this program. Signed into law on Thursday by Gov. Tim Walz (D), Minnesota’s new plan recognizes the incredible labor that family caregivers—the vast majority of whom are women—put into caring for their loved ones, often at financial, physical and emotional cost to themselves.

The next step is for Congress to pass federal paid leave and expand access to FMLA.

Aren’t We Workers, Too?

Our work as street vendors seems invisible—and up to 2 billion workers worldwide are not recognized as workers and do not have labor rights. We are the workers of the informal economy: the street and market vendors, the hawkers, the mobile traders and the domestic- and home-based workers, many of whom are women sustaining households by themselves.

Whether in the rain or scorching heat, we sell affordable products to workers bustling to and from their jobs in urban centers, because we cannot afford not to work.

#MeToo Victory: Biden Signs Law Limiting NDAs and Protecting the Right to Speak Out About Sexual Abuse

Since Alyssa Milano’s #MeToo tweet went viral five years ago, 16 states have passed laws blocking employers from requiring employees to sign agreements prohibiting them from speaking out about their experiences of sexual harassment and assault on the job.

Now, Congress has created a new national standard prohibiting this behavior: On Dec. 7, President Biden signed the Speak Out Act, limiting the enforceability of non-disclosure agreements and non-disparagement agreements (NDAs) for sexual harassment and sexual assault disputes.