In the ongoing effort to distract Americans from the tepid economy in this election year, the Senate Democratic majority last week took up a new shiny object — the so-called Paycheck Fairness Act. The bill was designed to help Democratic campaigns keep alive their narrative about an alleged “Republican War on Women.” But as a real piece of legislation, the bill would have done little to improve the lot of working women, and Americans should be glad it was blocked by a Republican filibuster.
The Paycheck Fairness Act was billed as a measure to close a perceived gap in pay between the sexes. But had it passed, the bill would have mainly helped the trial lawyers who fund Democrats’ campaigns. It would have lifted the $300,000 cap on punitive damages (in addition to back pay) for businesses found to have discriminated, making for much larger potential attorneys’ fees. More importantly, it would have forced potential plaintiffs in such cases to opt out of, rather than opt into, class action lawsuits against employers over pay. This would have meant less work and larger payoffs for lawyers who troll for dissatisfied employees.
