Half a Century Later, Mad Men's Peggy Olson Is Still Waiting for Paycheck Fairness
Despite the popularity of the show “Mad Men,” we are no longer living in the 1960s, but the current gender wage gap doesn’t reflect that. Ongoing wage inequity should be a thing that’s in the past.
The persistent pay gap exists, despite the undeniable progress that women have made since the enactment of the , a groundbreaking piece of anti-discrimination legislation that aimed at closing the pay gap for men and women performing the same work.
When President Kennedy signed the Equal Pay Act, women earned for every dollar earned by a man. Indeed, the bill helped women make significant strides towards equality in the workforce since its passage over 50 years ago.
As Peggy Olson in “Mad Men” noted: “I don’t know if you’ve read in the papers, but there’s a law now that says men and women who do the same thing will get paid the same.”
Unfortunately, in real life, over time loopholes and weak remedies have made this historic law less effective than Congress originally intended. So while we are no longer living in the 1960s, our pay is not keeping pace with the times.
Today, women who work full time still earn, on average, only 78 cents for every dollar men earn. The statistics are even worse for women of color: In 2013, African-American women only earned approximately and Latinas only for each dollar earned by a white man.
There is no doubt that updates to improve the effective of the Equal Pay Act’s protections are necessary. Fortunately, we have a number of champions for equal pay both in Congress and in the administration.
, Sen. Barbara Mikulski (D-Md.) and Rep. Rosa DeLauro (D-Conn.), long-time leaders on equal pay, reintroduced the Paycheck Fairness Act. This bill would provide a much needed update to the Equal Pay Act by closing some of the loopholes that have made the law less effective over time. The Paycheck Fairness Act would provide stronger remedies for wage discrimination and require that employers who pay their male and female employees differently for doing the same work have a job-related, business necessity for doing so.
Importantly, the Paycheck Fairness Act would also prohibit retaliation against workers who inquire about or disclose their wages. of private sector workers reported that their employer either prohibits or discourages employees from discussing their pay.
It’s almost impossible to do anything about wage discrimination if you cannot discuss the problem. In other words, Don Draper could fire Peggy Olson for trying to discuss her pay at Sterling Cooper. In 2015, that is still the case in the majority of workplaces.
President Obama has spoken directly to these problems. In his 2014 State of the Union, he as “Mad Men” era policies:
A woman deserves equal pay for equal work. . . . It’s time to do away with workplace policies that belong in a “Mad Men” episode. This year, let’s all come together – Congress, the White House, and businesses from Wall Street to Main Street – to give every woman the opportunity she deserves.
The president followed up this speech and commitment to the issue later that year when he banning retaliation for wage disclosure among federal contractors. Unfortunately, the administration has not yet issued the final rule, although we hope it will be implemented soon. President Obama reiterated his commitment to this issue in , once again, calling for equal pay for women.
It’s 2015 and women’s wages lag behind men, many of the tools to do anything about it are weak, and most workers still cannot talk about their pay without fear of retaliation.
It’s time for our elected officials and our salaries to catch up and make equal pay for equal work a reality. The Paycheck Fairness Act, currently pending in Congress, would provide a solution. Historically, pay equity has not been a partisan issue, and in fact, this bill has enjoyed in the past – a past we should return to.
Learn more about the Equal Pay Act and other civil liberty issues: Sign up for breaking news alerts, , and .
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Press ReleaseOct 2024
LGBTQ Rights
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At Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender YouthAt Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender Youth
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Press ReleaseSep 2024
Women's Rights
Civil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion CareCivil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion Care
WASHINGTON, D.C. - On Friday, a broad coalition of labor, workers’ rights, and gender justice organizations — led by the American Civil Liberties Union (ACLU), the ACLU of Arkansas, and the National Women’s Law Center (NWLC) — filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of the Equal Employment Opportunity Commission’s (EEOC) regulations implementing the landmark Pregnant Workers Fairness Act (PWFA), including the regulations’ explicit protection for workers who have abortions. The PWFA, which took effect last year, was the culmination of a decade-long campaign to secure access to reasonable accommodations for workers with temporary limitations caused by “pregnancy, childbirth, and related medical conditions.” The EEOC’s regulations provide comprehensive guidance to workers, employers, and the courts about the statute’s range of protections, including job-protected time off for medical treatment and recovery. The amicus brief filed in the U.S. Court of Appeals for the Eighth Circuit supports the EEOC in a challenge by 17 red states that are trying to block the PWFA regulations’ coverage of accommodations for abortion-related care. In June, the U.S. District Court for the Eastern District of Arkansas dismissed the states’ challenge, and the states appealed to the Eighth Circuit. Their appeal includes a request that the Eighth Circuit issue a preliminary injunction of the regulations’ abortion provisions. The ACLU-NWLC brief details the federal law’s longstanding ban on discrimination against workers who obtain abortions – protection the PWFA intended to continue. The brief also documents the accounts of workers whose health and jobs were put at risk when their employers denied them accommodations, including time off, for abortion care. Such accounts illustrate the urgent need for clarity with respect to the PWFA’s coverage of abortion-related accommodations, and the devastating medical and financial consequences if such accommodations are denied. “Abortion has long been recognized as part of the full spectrum of workers’ pregnancy-related needs that are protected by the law, ” said Gillian Thomas, senior staff attorney at the ACLU’s Women's Rights Project. “The states’ challenge has created uncertainty, and seeks to deprive workers of essential, job-protected time off for abortion care, posing significant health risks and leading to forced pregnancies. The EEOC regulations are vital to ensure pregnant workers don't have to choose between their health and their jobs.” “Extremist politicians are demonstrating repeatedly their willingness to risk women’s health to advance their anti-abortion agenda,” said Gaylynn Burroughs, vice president for Education and Workplace Justice at the National Women’s Law Center (NWLC). “Let’s be clear: abortion care is pregnancy-related care, and stripping essential protections for abortion from the PWFA would endanger the health and economic security of pregnant workers.” “The Pregnant Workers Fairness Act and its regulations provide a lifeline for workers who need accommodations during the most critical periods of their lives. Attempting to strip away these protections, particularly for abortion-related needs, is an affront to the rights and well-being of pregnant workers,” said John Williams, legal director of the ACLU of Arkansas. “All people in all aspects of pregnancy, including abortion, should be treated with the care and consideration they deserve. We stand firmly with the EEOC in defending these essential protections.” A copy of the brief can be found here. -
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Women's Rights
LGBTQ Rights
ACLU Condemns House Measure Against Department of Education Title IX RuleACLU Condemns House Measure Against Department of Education Title IX Rule
WASHINGTON – Today, the U.S. House of Representatives voted to pass H.J. Res. 165, a Congressional Review Act resolution disapproving of the U.S. Department of Education’s final Title IX rule providing guidance to schools on protecting students from sexual harassment, pregnancy discrimination, anti-LGBTQ discrimination, and other forms of sex discrimination. Mike Zamore, ACLU National Policy and Government Affairs Director, had the following response: “Today’s vote to completely repeal the Title IX rule takes a sledgehammer to the government’s ability to ensure that all students have the opportunity to learn free from sex discrimination and harassment. Stripping critical civil rights protections from LGBTQ students and students who are pregnant and parenting - as this resolution would do - is something that all members of Congress should strongly oppose. This is also not how Congress should act to protect the rights of students who face disciplinary action under Title IX because passing this resolution would prevent future rulemaking to ensure fair processes in school disciplinary proceedings.” The ACLU’s letter urging a “No” vote on H.J. Res. 165 can be found here: /documents/aclu-urges-no-vote-on-h-j-res-165 The ACLU’s statement on the final Title IX rule can be found here: /press-releases/155090