BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AJR 47|
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                                 THIRD READING


          Bill No:  AJR 47
          Author:   Block (D)
          Amended:  As introduced
          Vote:     21

           
           ASSEMBLY FLOOR  :  52-21, 8/29/12 - See last page for vote


           SUBJECT  :    Compensation:  gender pay equity

           SOURCE  :     Author


           DIGEST  :    This resolution urges Congress to reintroduce 
          and adopt the Paycheck Fairness Act to help close the 
          gender wage gap.

           ANALYSIS  :    This resolution makes the following 
          legislative findings:

          1.Forty-nine years after the passage of the federal Equal 
            Pay Act of 1963 and forty-eight years after the passage 
            of Title VII of the federal Civil Rights Act of 1964, 
            American women continue to suffer disparities in wages 
            that cannot be accounted for by age, education, or work 
            experience. 

          2.According to the U.S. Census Bureau, year-round, 
            full-time working women earned only 77 cents for every 
            dollar paid to their male counterparts, indicating little 
            change or progress in pay equity. 

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          3.In 2010, women in California with a high school diploma 
            were paid only 73 cents for every dollar paid to men with 
            a high school diploma, and women in California with a 
            bachelor's degree were paid only 74 cents for every 
            dollar paid to men with a bachelor's degree, which 
            indicates that the wage gap persists at all levels of 
            education. 

          4.Women have struggled to regain jobs in the economic 
            recovery and continue to face high levels of long-term 
            unemployment, even as their families rely on them more 
            heavily for financial support. 

          5.The unemployment rate for women in California in 2011 was 
            11.4%, a 6.2 percentage-point increase since the 
            recession began in December of 2007, and 45.1% of jobless 
            women workers in California had been looking for work for 
            27 weeks or more. 

          6.Wages overall are stagnating and the wage gap has barely 
            budged over the last ten years and while Congress and the 
            President have taken initial steps to improve the laws 
            that govern pay discrimination by passing the federal 
            Lilly Ledbetter Fair Pay Act of 2009, there is more that 
            must be done to realize the decades-old promise of fair 
            pay for equal work. 

          7.The Paycheck Fairness Act, a bill that would give women 
            more protections against wage discrimination, failed to 
            clear a procedural hurdle in the U.S. Senate in June 2012 
            for the second time in two years. 

          8.The Paycheck Fairness Act would have built upon the 
            federal Lilly Ledbetter Fair Pay Act of 2009 by 
            protecting workers who inquire about pay disparities from 
            retaliation and punish employers who engage in paycheck 
            discrimination. 

          9.The California State Legislature fully supports the 
            efforts to ensure pay equity and to protect employees, 
            who seek information about pay without fear of 
            retribution, urges Congress to reintroduce and adopt the 
            Paycheck Fairness Act to help close the gender wage gap. 








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           Comments
           
          The author states that it has been nearly 50 years since 
          the Equal Pay Act of 1963 and American women continue to 
          suffer disparities in wages that cannot be accounted for by 
          age, education, or work experience. 

          The average woman earns 77% of a man's salary regardless of 
          age, education, or work experience.  S. 3220, the Paycheck 
          Fairness Act authored by Senator Barbara Mikulski prevents 
          companies from retaliating against employees who inquire 
          about pay disparities and would permit workers to sue for 
          punitive damages. S. 3220 would protect workers and provide 
          a legal path for women to finally diminish the wage gap. 
          The bill is provisionally dead due to a failed vote for 
          cloture in June 2012. 

          According to the April 2012 National Women's Law Center 
          Report, women have struggled to regain jobs in the recovery 
          and continue to face high levels of long-term unemployment, 
          even as their families rely on them more heavily for 
          financial support. Wages over all are stagnating and the 
          wage gap has barely budged over the last ten years. The gap 
          particularly harms women in these economically difficult 
          times, when women the most financially vulnerable, are more 
          likely to turn to public assistance to make ends meet for 
          their families. 

          The Report also states that the wage gap for women persists 
          at all levels of education and exists across numerous 
          occupations. Fair pay would help close the wage gap and 
          increase women's economic security. 
          Finally, the Report says that although Congress has taken 
          initial steps to improve the laws that govern pay 
          discrimination there is more that must be done to realize 
          the decades-old promise of fair pay for equal work. 

           FISCAL EFFECT  :    Fiscal Com.:  No

           SUPPORT  :   (Verified  8/30/12)

          American Association of University Women
          Business and Professional Women of Nevada County
          California National Organization for Women







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          National Council of Jewish Women

           ARGUMENTS IN SUPPORT  :    The California National 
          Organization for Women states, "An update to the Equal Pay 
          Act would create stronger incentives for employers to 
          follow the law, empower women to negotiate for equal pay, 
          and strengthen federal outreach, education and enforcement 
          efforts.  The bill would deter wage discrimination by 
          strengthening penalties for equal pay violations and by 
          prohibiting retaliation against workers who ask about 
          employers' wage practices or disclose their own wages.  
          Together with the Ledbetter bill, this critical piece of 
          legislation can help create a climate where pay 
          discrimination is not tolerated, and give the 
          Administration the enforcement tools it needs to make real 
          progress on pay equity."


           ASSEMBLY FLOOR  :  52-21, 8/29/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, 
            Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. 
            Manuel Pérez, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Bill Berryhill, Conway, Donnelly, Beth Gaines, 
            Garrick, Grove, Halderman, Harkey, Jeffries, Jones, 
            Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, 
            Olsen, Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Achadjian, Cook, Fuentes, Gorell, 
            Hagman, Knight, Norby


          PQ:n   8/30/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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