A bipartisan way forward on equal pay

Women in the workplace have an incredibly positive story to tell. We now hold more than half of all professional and managerial jobs, which is double the number of these jobs that were occupied by women in 1980. We earn over 55 percent of all bachelor’s degrees obtained in the United States, run nearly 10 million small businesses, and serve in Congress at record levels.

Despite this hard-earned progress, there is more work to do.

Answering the call to “lean in” more, women across the nation have started a conversation about the challenges we face in the workplace. As both primary breadwinners and primary caretakers, women face unique workplace advancement issues.

One challenge that persists despite 53-year-old legal protections is achieving equal pay.

Equal pay for equal work is a shared American value. At its core, equal pay is about basic fairness and ensuring that every woman, just like every man, can support herself and her family.

In January, President Obama announced a new proposal that would require companies with 100 employees or more to submit additional pay data to the government. The administration touts this new mandate as a tool to address lingering pay inequity. Unfortunately, the president’s action will not result in meaningful change. Instead, it will increase administrative burdens and provide fewer options for working families.

The crux of this new proposal is a mandate to collect and submit salary data to the federal government. The administration claims that this burden on businesses will be minimal. We’ve heard that assurance before, and it rings hollow. The collection and transmission of this information will cost time and resources. Rather than focusing precious capital on growing business and creating jobs, employers will be forced to spend time complying with more federal mandates.

Moreover, it remains unclear exactly how this information will identify discrimination. Raw data do not take into account other factors — including years of experience, education level, and productivity — that are appropriately used to determine wages. Looking at big data alone fails to tell the full story.

I am concerned that subsequent rigid compensation structures will force businesses to provide employees with less flexibility — a blow to women in particular. Employers and employees should be able to negotiate flexible work arrangements to best meet individual needs.

Let me give you a concrete example. A new mom may seek to step up the management ladder. At the same time, she may desire a more flexible work schedule, or fewer responsibilities, to spend more time with her newborn. To achieve this arrangement, she may agree to an appropriate reduction in wages to reflect her unique role within a company. A strict comparison of her salary to the salary of a similar male manager discharging full duties would suggest discrimination where none actually exists. What does exist in this example is a flexible arrangement for a new mom seeking to advance her career and spend time with her child.

No one should be discouraged from workplace advancement because of rigid compensation structures mandated by the federal government. Women face unique career challenges, and they often shoulder disproportional responsibilities when it comes to balancing career goals. As such, we understand the need to set priorities while balancing family and work obligations.

I agree that we have more work to do on equal pay. But the way to make meaningful and lasting progress on this issue isn’t through misguided executive action that could hurt women. To make a difference in the lives of working families, we must build bipartisan consensus. I have been working hard to do just that by collaborating with my colleagues to generate support for my Workplace Advancement Act.

What does it do?

Currently, employees fear being punished or fired by their employers for merely seeking or sharing salary information. Access to this information enables workers to be their own best advocates and negotiate for the salaries they deserve. Without this knowledge, it is nearly impossible to determine if you are being paid fairly. I believe men and women alike should have the legal protection to ask their fellow employees to voluntarily share salary information. It’s as basic as the First Amendment.

This straightforward and needed change is achievable. President Obama already supports the idea. Furthermore, nearly all Senate Republicans and five Senate Democrats voted in favor of my proposal last year. Clearly, this reasonable way forward is gaining momentum on both sides of the aisle.

Politics is the art of the possible. By coming together, we can update our laws and ensure that both women and men have the information they need to negotiate the salaries they deserve. I challenge the president to work with, not around, Congress to move forward on this important issue.

Sen. Deb Fischer is serving in her first term as the senior U.S. senator from Nebraska.Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.

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