tag:blogger.com,1999:blog-7321349.post4317580344472707583..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: Midwinter RoundupDavid Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7321349.post-17924577668550203292009-02-06T18:49:00.000-08:002009-02-06T18:49:00.000-08:00Thanks for the note, despite the depressing part. ...Thanks for the note, despite the depressing part. I didn't discuss the Paycheck Fairness Act because it hasn't passed yet. The House passed it, but the measure is too controversial to have sailed through the Senate. The damages provisions are probably the real sticking point, there. Additionally, the NLRA basically already does prohibit retaliation against employees who disclose pay information, although nobody realizes it. It certainly wouldn't hurt to amend the FLSA to provide the same thing. And I think Title VII already may embody the same bona fide factor and business necessity test, although it's not framed that way and not in the Equal Pay Act, which the PFA amends. <BR/><BR/>Unfortunately, most of the same obstacles to making a claim exist even under the PFA. Forbidding retaliation does not mean that employers won't retaliate. Here the enhanced penalties might help enhance the deterrent effect, preventing retaliation, though.<BR/><BR/>I don't mean to be so depressing; these are just difficult reforms to achieve through private litigation without sufficient consensus on the underlying norms.Marciahttps://www.blogger.com/profile/00433890984387665663noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-55363824406341618122009-02-06T08:07:00.000-08:002009-02-06T08:07:00.000-08:00I'm surprised that McCormick doesn't discuss the P...I'm surprised that McCormick doesn't discuss the Paycheck Fairness Act. PFA addresses at least part of the retaliation concern (amends labor law to forbid firing employees who ask about each other's or disclose their own wages), and also requires that pay differences be based on a <I>bona fide</I> factor other than sex.PGhttps://www.blogger.com/profile/09381347581328622706noreply@blogger.com