Donald Trump’s Equal Pay Rollback Is Getting His Administration Sued
Equal pay for equal work — it’s been a rallying cry for feminists for nigh on a century. And despite the Equal Pay Act of 1963, Title VII of the Civil Rights Act, 2009’s Lily Ledbetter Equal Pay Act, and many more attempts in between, there is still a wage gap for women, and for people of color. Which is why two labor advocacy groups have filed a lawsuit over Donald Trump’s equal pay provision rollback.
On Nov. 15, Democracy Forward and the National Women’s Law Center (NWLC) sued the Trump administration for rolling back an Obama-era provision meant to collect data and better equip the government to fight the gender and race wage gap. The lawsuit argues that the administration’s decision is discriminatory — and illegal.
In a press release, Emily Martin, NWLC General Counsel and Vice President for Workplace Justice, called out the administration’s rollback:
The suit names the Office of Management and Budget (OMB), the Equal Employment Opportunity Commission (EEOC), and government officials associated with the offices as defendants. Neither the OMB nor the EEOC immediately responded to Elite Daily’s requests for comment on the lawsuit.
In Jan. 2016, then-President Barack Obama signed an executive order aimed at closing the wage gap. The rule, which did not need congressional approval, would have required companies with 100 employees or more to report wage data broken down by gender, race, and ethnicity. According to , the data would then be jointly published by the EEOC and the Dept. of Labor.
The rule additionally would have given the EEOC what the described as “more reach in its efforts to investigate firms with glaring pay disparities” including filing discrimination lawsuits. Slated to go into effect in March 2018, the executive order was meant to promote transparency, incentivize wage gap analysis, and ultimately work towards closing the wage gap.
But, according to the , in August, the OMB decided to eliminate the rule, calling it “unnecessarily burdensomeOMB Office of Information and Regulatory Affairs Administrator Neomi Rao sent a memo to the EEOC, stating that,
This is a sentiment that was echoed by first daughter and Special Adviser to the President Ivanka Trump, a women’s empowerment spokesperson who has discussed closing the wage gap in the past. In a statement on the decision, she said, “Ultimately, while I believe the intention was good and agree that pay transparency is important, the proposed policy would not yield the intended results.”
— Ivanka Trump (@IvankaTrump) April 4, 2017
And while the EEOC’s Acting Chair Victoria Lipnic released a statement shortly after the August announcement ensuring that the EEOC would continue to fight for fair wages, the NWLC and the Labor Council for Latin American Advancement (the advocacy groups suing the Trump administration with Democracy Forward’s help) aren’t so sure.
In fact, the Democracy Forward suit states that the real burden upon Americans lies in the wage gap — and OMB’s decision interferes “with the EEOC’s ability to enforce the nation’s civil rights laws.”
The planned data collection was especially important, per the suit:
Ultimately, the suit argues, reversing this policy discourages the government from enacting civil rights laws — and, they claim, the move is also illegal per the Administrative Procedures Act, which requires public comment, or, at the very least, careful review. (This is also one of the core arguments of other suits against the Trump administration, such as Massachusetts Attorney General Maura Healey’s suit over the birth control mandate roll-back.)
Ultimately, it’s difficult to understand exactly why the OMB rolled back the provision before it even took effect, aside from vague concerns about the efficacy of data collection. Maybe this lawsuit will bring some clarity.