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Mitt Romney And The Paycheck Fairness Act: Can Mitt Be Both For Women's Pay And Against It?

Evan McMurry
2012 Election
1 Comments

Mitt Romney has a crucial test coming up in the Paycheck Fairness Act, which the Senate votes on next month: will he stick by his party, which rigidly opposes new restrictions regulating pay equity, or will he try to wrench Senate Republicans into the passing the bill and hope to gain a bit of headway with female voters in the process?

The Paycheck Fairness Act updates the 1963 Equal Pay Act by strengthening requirements for employers to demonstrate that wage disparities are not gender-based; increasing legal options for women to contest unequal pay; and protecting employees who share salary information. A similar bill was defeated by Senate Republicans two years ago, and Scott Walker recently repealed a cognate law in Wisconsin. Romney is now the putative leader of those Senate Republicans, and he's called Walker a "hero."

BUT—and there's always a but with Romney—he's walked a tight line in discussing pay equity, arguing that he supports equal pay for women (give this man a cookie) and has no intention of messing with the 2009 Lily Ledbetter Act that reinforced equal pay protections. BUT—and there's always two buts with Romney—he has not said whether he would have passed the Ledbetter Act in the first place, suggesting he's only okay with equal pay provisions because they're the current path of least resistance.

As Greg Sargeant points out, the Paycheck Fairness Act is the perfect wire to trip up Romney's two-step:

The Romney campaign, in its pitch for female voters, has argued that women don’t care about social issues as much as they do about jobs, and that pocketbook issues will ultimately drive the female vote. But the Paycheck Fairness Act is a gender issue that’s all about the pocketbook and the economy.

He's dead on: this hits Romney right in his pivot. There's no "but-but-but JOBS" out for Romney on this issue, because it's about jobs. And Romney can't simultaneously knock Obama's record on women's job creation on one day and argue for gender-based wage disparity the next. (Well...he can, but...) 

The Act also undermines some of Romney's monolithic anti-regulatory argument. What happens to the formula of government-restrictions-hinder-job-creation when those regulations protect the employees whose jobs are so crucial? The PFA punctures the anti-regulatory argument so perfectly because very necessity of regulating pay equity suggests a governmental role in business, in the same way that talking about crime implies police: it's not whether government is necessary, but how much and in what manner. The onus is now on Romney not to decry government's role in business but to delineate it: how much should government protect workers from discriminatory workplace policies? How much should the free market be allowed to determine salaries if the outcome of that process is discriminatory? To what extent should all workers' wages be secure, and what interest does the government have in securing them?

In answering those questions for the first time, Romney might find that ideological explanations break down on details like waves on the rocks. Meanwhile, the rest of us could finally discover what Romney thinks about the intersection of government and commerce when "all regulation is bad" is not an applicable option.

Public opinion is on the Democrats' side on this issue, and they're going to make Romney explain every inch of this bill he doesn't wholeheartedly support. The ads practically write themselves: clip of Romney saying he supports equal pay, clip of him arguing against Paycheck Fairness, tagline: Which Romney Can Women Trust? and everybody gets a badly-made negroni before happy hour ends. 

And Romney has everything to gain from taking up the charge of the PFA. He's almost ludicrously behind Obama in women voters, including women voters in swing states, and on every issue. (Deficit reduction, the one issue Romney wins, is a dude thing.) He's unlikely to win women in November, but he needs to close at least some of this gap to be an electoral threat. Coming over on this issue would also do a lot to soften his more rightwing primary positions: nothing peels off the "severely conservative" band-aid like standing up for women, workers and government regulation all at the same time. 

If Romney can draft some sort of compromise, and get his Senate Republicans to go along with it, he'll look like the leader of the party that until recently didn't much care for him. But that's a big if. Congressional Republicans are all about denying Obama and Democrats victories, especially in the next few months. They're not going to be excited about handing this one over. If Romney attempts to broker an agreement with Mitch McConnell and The Obstructionist Turtles and fails, he'll look like he has no control over the party he's supposedly leading. But if he backs up his Senate counterparts in their ossification against progressive pay laws, he'll gain nothing but a Rand Paul Bobblehead.

What's a Mitt to do? One thing's for sure: there will be at least two buts.

--- 

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Follow: Evan McMurry @evanmcmurry  |  PoliticOlogy @OlogyPolitics

Comments (1)

Jerry profile picture
Jerry Boggs: Romney is for equal pay for equal work but is against foolish, costly legislation that pretends to something but only costs business money.

Women's “77 cents to men's dollar” doesn't mean, as pay-equity advocates want us to believe, women are paid less than men in the same jobs everywhere in the country. Nor does it mean that, even more incredibly in the vein of the stereotype “men are stronger than women,” every woman earns 23% less than every man, perhaps leading some of the more benighted to think Diane Sawyer of ABC News earns less than the young man walking back and forth on the street wearing a “Pizzas $5” sign.

The figures are arrived at by comparing the sexes' median incomes. They refer to the point at which 50% of workers earn above the figures and 50% below (which means that a lot of women earning above their median make more than a lot of men earning below theirs). They don't account for the number of hours worked each week, experience, seniority, training, education or even the job description itself. They compare all women to all men, not people in the same job with the same experience. So a veteran male software designer's salary is weighed against a first-year female teacher's income.

Strategically ignoring this over the decades has been less than productive:

No law yet has closed the gender wage gap — not the 1963 Equal Pay for Equal Work Act, not Title VII of the 1964 Civil Rights Act, not the 1978 Pregnancy Discrimination Act, not the 1991 amendments to Title VII, not affirmative action (which has benefited mostly white women, the group most vocal about the wage gap - http://tinyurl.com/74cooen), not diversity, not the countless state and local laws and regulations, not the horde of overseers at the Equal Employment Opportunity Commission, and not the Ledbetter Fair Pay Act.... Nor will a "paycheck fairness" law work.

That's because pay-equity advocates continue to overlook the effects of female AND male behavior:

Despite the 40-year-old demand for women's equal pay, millions of wives still choose to have no pay at all. In fact, according to Dr. Scott Haltzman, author of "The Secrets of Happily Married Women," stay-at-home wives, including the childless who represent an estimated 10 percent, constitute a growing niche. "In the past few years,” he says in a CNN report at http://tinyurl.com/6reowj, “many women who are well educated and trained for career tracks have decided instead to stay at home.” (“Census Bureau data show that 5.6 million mothers stayed home with their children in 2005, about 1.2 million more than did so a decade earlier....” at http://tinyurl.com/qqkaka. If indeed more women are staying at home, perhaps it's because feminists and the media have told women for years that female workers are paid less than men in the same jobs — so why bother working if they're going to be penalized and humiliated for being a woman. Yet, if "greedy, profit-obsessed" employers could get away with paying women less than men for the same work, they would not hire a man – ever.)

As full-time mothers or homemakers, stay-at-home wives earn zero. How can they afford to do this while in many cases living in luxury? Because they're supported by their husband, an “employer” who pays them to stay at home.

The implication of this is probably obvious to 10-year-olds but seems incomprehensible to or is ignored by feminists and the liberal media: If millions of wives are able to accept NO wages, millions of other wives, whose husbands' incomes range from moderate to high, are able to:

-accept low wages
-refuse overtime and promotions
-choose jobs based on interest first, wages second — the reverse of what men tend to do
-take more unpaid days off
-avoid uncomfortable wage-bargaining (http://tinyurl.com/3a5nlay)
-work part-time instead of full-time (“According to a 2009 UK study for the Centre for Policy Studies, only 12 percent of the 4,690 women surveyed wanted to work full time”: http://bit.ly/ihc0tl See also an Australian report at http://tinyurl.com/862kzes)

All of which LOWER WOMEN'S AVERAGE AND MEDIAN PAY.

Women are able to make these choices because they are supported — or anticipate being supported — by a husband who must earn more than if he'd chosen never to marry. (Still, even many men who shun marriage, unlike their female counterparts, feel their self worth is tied to their net worth.) This is how MEN help create the wage gap: as a group they pass up jobs that interest them for ones that pay well. If the roles were reversed so that men raised the children and women raised the income, men would average lower pay than women.

Afterword: The power in money is not in earning it (there is only responsibility, sweat, and stress in earning money). The power in money is in SPENDING it. And, Warren Farrell says in The Myth of Male Power at http://www.warrenfarrell.org/TheBook/index.html, "Women control consumer spending by a wide margin in virtually every consumer category." (Women's control over spending, adds Farrell, gives women control over TV programs.)

Excerpted from "Will the Ledbetter Act Help Women?" at http://malemattersusa.wordpress.com/2011/12/03/will-the-ledbetter-fair-pay-act-help-women/
May 8, 2012

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