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Senator Barbara Milkulski is holding a press conference later today to press the Senate to pass the Paycheck Fairness Act she recently introduced. But didn’t President Obama already kill the gender wage gap? Not quite. While Obama has long been touting the first bill he signed once in office, the Lilly Ledbetter Fair Pay Act, it only provides a woman more time to file a claim of discrimination. The Paycheck Fairness Act would go further by ensuring employees can discuss their salaries with each other—since it’s hard to root out pay discrimination if you don’t know how you stack up against everyone else.
Lilly Ledbetter certainly helps women who want to bring lawsuits against their employers by giving them more time to do so. In that way, Obama’s first act did recognize the problem of pay discrimination. But it’s a baby step forward in the march toward equal pay.
The numbers since its signing bear that out. According to Bloomberg, the number of pay discrimination complaints filed with the Equal Employment Opportunity Commission actually fell from 2,268 when Obama signed the Act in 2009 to 2,191 last year. Meanwhile, the pay gap has widened from 77.8 in 2007 to 77.4 percent in 2010.
So what will it take to make the wage gap disappear? Why wouldn’t clearing the way for lawsuits get us there? Part of the answer is that Ledbetter only nibbled at the edges of an enormous, systemic problem. As I’vepreviously written, the causes of the gap range from a too-low minimum wage to decreased unionization levels. These kinds of issues won’t budge on a large scale even if women are emboldened to sue for equal pay.