Senate Votes Down Paycheck Fairness Act

WASHINGTON – Senate Democrats were unable to overcome a Republican filibuster of the Paycheck Fairness Act on Tuesday.  The bill, closely watched by the franchise community, has died by a vote of 58 to 41, two short of the 60 needed for approval.

In hearing the vote, Misty Chally, director of government relations of the Coalition of Franchisee Associations (CFA) said, “The CFA is thrilled that the Senate voted to protect the rights of franchisees and employers across the country. We specifically appreciate Senators Nelson, Collins and Snowe for considering that this bill ties the hands of employers when deciding the salaries of their employees.

The vote broke down along party lines with the exception of Senator Ben Nelson of Nebraska, who sided with Republicans and voted against the act. According to the Huffington Post, “Not a single member of the GOP broke rank.”

Last week, CFA urged its members to contact their senators to oppose the Paycheck Fairness Act. Chally explained the main issue of the legislation, saying, “Under current law, once employees have provided prima facie evidence (a legal presumption meaning on the face of it or at first sight) of gender discrimination, the burden of proof shifts to the employer to show that the difference in wages results from "any factor other than sex."  Chally said the Paycheck Fairness Act eliminates the "any factor other than sex" defense and replaces it with a more strict "bona fide factor other than sex" defense.

As a proponent of the act, the American Civil Liberties Union (ACLU) stated in a press release today that the vote against the bill was a disappointing stand against women’s equality. It declared, “The Paycheck Fairness Act would have made several key updates to the Equal Pay Act of 1963, a law which has not fulfilled its promise of closing the wage gap.”  The ACLU, along with workers, lawmakers, faith communities, business and advocacy groups, strongly supported the act, which they described as “a vital protection against gender-based pay discrimination.”

According to the ACLU, after the House of Representatives overwhelmingly passed the bill last year, President Obama and other senior members of the administration announced their support of the “important legislation.”  Last Tuesday the White House National Economic Council underscored the need for the legislation and again expressed their support. Furthermore, in a poll of registered voters commissioned by the ACLU and its coalition partners, 84 percent—Republicans, Democrats and Independents alike—said they support such a bill.

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Related Articles:

• CFA Urges Franchisees to Oppose Paycheck Fairness Act

• Republicans Block An Up-Or-Down Vote On The Paycheck Fairness Act