Pay Inequality in Oregon Report

8/13/2019 Pay Inequality in Oregon Report

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PAY INEQUALITYIN OREGON

FormalRecommendations

JANUARY 2014

Brad Avakian,Commissioner

Oregon Bureau ofLabor and Industries

Oregon Council

on Civil Rights

presented to

$==


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PAY INEQUALITY

IN OREGON

FormalRecommendations

JANUARY 2014

Oregon Councilon Civil Rights

Brad Avakian,CommissionerOregon Bureau ofLabor and Industries

presented to


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PAY INEQUALITY in Oregon

EXECUTIVE SUMMARY 1 Pay inequality 2

BACKGROUND 4 About the Oregon Council on Civil Rights 4 Membership

Objectives Definitions 5

Process and research for recommendations 6

Information gathering 6 Education 7

THE PROBLEM 8 A brief history of pay equality efforts in Oregon 8 Income inequality in the U.S. and Oregon 9 The workplace 12 Education 14 Work/life conflict 14

RECOMMENDATIONS 17 Section one: Outreach and public awareness 18

Initial partnerships with key employers and private sector leaders 18 Strong Public Service Advertisement (PSA) and social media campaign 19 Technical assistance and Best Practices for Existing Seminars and Training 19 Section two: Educational and occupational programs 20 Enhancing opportunities for women in traditionally male-dominated fields 20 Career training and mentorship programs for women 21 Section three: Employer incentives and workplace best practices 22 Best practice example: Non-discriminatory, equity-promoting workplace policies 22 Best practice example: Hiring, promotion, and pay equity audits 22

Best practice example: Joint evaluation 23 Best practice example: Workplace flexibility 24

Best practice example: On-site child care 25 Best practice example: Protections for survivors of violence 25 Section four: Legislation and monitoring 26 Leave time: Paid family leave, paid sick time, and time off for childrens activities 26 Paid family leave 27 Example legislation: California 28 Example legislation: An international perspective 29

TABLE OF CONTENTS

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Paid sick time 29 Paid and/or unpaid time off for school conferences and school activities 29 Example legislation: Illinois, Washington, D.C., California 30 Monitoring leave use in Oregon 30 Right to request flexibility and predictability 30 Example legislation: The Working Families Fexibility Act 31

Subsidized child care 31 Priority legislation: Expand employment-related daycare 31 Priority legislation: Extend state child care tax credits 32 Protections against discrimination and retaliation 32

Example legislation: An Oregon Paycheck Fairness Act 32 Monitoring discrimination complaints and pay data 33 Equal pay for comparable work: An Oregon Fair Pay Act 33 Example legislation: Ontarios Pay Equity Act 33 Example legislation: Ontarios Pay Equity Act 33

CONCLUSION 36

ENDNOTES 37

BIBLIOGRAPHY 41

APPENDIX 49

TABLE OF CONTENTS


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1PAY INEQUALITY in Oregon

In 2011, Labor Commissioner Brad Avakiandirected the Oregon Council on Civil Rights tocreate a formal set of policy recommendationsregarding pay equality in Oregon. In June 2013,Senate Bill 744 was signed into law, prompting the Councilon Civil Rights to further study wage inequality in Oregonand to provide recommendations for closing gender andrace-based wage gaps to the Oregon Legislature. PayInequality in Oregon is the culmination of this researchand recommendations process. A compendium of current

issues, laws, programs, and policies, Pay Inequality inOregon , details a number of promising strategies forOregons leadership to address the gender pay gap in ourstate.

(UN)EQUAL PAYISREAL .... Women earn only 77cents for every dollarmen earn, and minor-ity women experiencean even greater gap inearnings.

EXECUTIVE SUMMARY


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Pay inequality The gender pay gap affects short-term earnings,long-term savings, retirement bene ts, housingsecurity and educational opportunities. Thoughthe gap has been slowly narrowing since the1970s, it plateaued in 2002, and persists today:

How big is the problem? Nationally, women earn only 77 centsfor every dollar men earn, and minoritywomen experience an even greater gapin earnings. 1

Oregons women fare only slightly better:in 2012, women in Oregon were paid 79cents for every dollar that male workersearned in the state. 2

Oregons highest paying jobs are male-dominated, 3 and even in the only high-earning occupational category in whichwomen hold a majority of positions,women earn only 63.8 cents to everydollar of their male counterparts. 4

What creates pay inequality? Workplaces: Many women face discriminationin recruitment, hiring, and promotion, based onprejudice and bias that targets women as high-risk hires based on their higher likelihood to stepaway from work for caregiving responsibilities. 5,6

Education: Though Oregon universitiesgraduate more women than men, 7 womencontinue to be severely underrepresented inhigh-earning potential majors, especially ScienceTechnology, Engineering, and Mathematics(STEM) elds.8

Work-life conflict: The second shift ofhousework and family care falls more frequentlyto women than men. 9 Women are less likely thanmen to have access to paid sick time 10 and paidfamily leave and are more likely to need that timeto take care of a child or other family member. 11 Women take home less income, are less likely toearn raises and promotions at the same pace,earn fewer retirement bene ts, and accumulatelower lifetime wealth. 12

THE GENDER PAYgap affects

workers, they say, and yourSHORT-TERM EARNINGS LONG-TERM SAVINGS RETIREMENT BENEFITS HOUSING SECURITY & EDUCATIONAL OPPORTUNITIES


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Why is it a priority? Two thirds of working women are the primary

or co-breadwinners in their families. 13 Payinequality impacts adults and children whodepend on womens incomes.

An estimated 33 percent of single workingmothers in Oregon live below the povertyline.14 Addressing pay inequality is a crucialstep toward eradicating poverty.

According to a study from the BostonConsulting Group, women reportedcontrolling or in uencing 73 percent ofhousehold spending. 15 The business andconsumer case for closing the pay gap isstrong.

What should Oregon do?Oregons Equal Pay Act (ORS 652.220) andUnlawful Discrimination in Employment Act (ORS659A.030 et seq.) re ect a commitment to preventand ameliorate the effects of unequal pay. Despitethese protections, gender-based disparitiespersist in Oregon and more needs to be doneto achieve the goal of full pay equality. Oregons

residents, business and education communities,and political leadership should attend to the fourareas for intervention identi ed in this report torealize the goal of equal pay in Oregon.

1. OUTREACH & PUBLIC AWARENESS Partnerships with employers and private sector leaders

Public Service Advertisements, and social media campaign Technical Assistance and training

2. EDUCATIONAL & OCCUPATIONAL PROGRAMS Opportunities for women in traditionally male-dominatedacademic and professional fields

Career training and mentorship programs

3. EMPLOYER INCENTIVES & WORKPLACE BEST PRACTICEEstablish benchmarks and criteria for an official EqualPay award program, recognizing model employersstatewide

Create Best Practices Portfolio for employers

4. LEGISLATION & MONITORING Paid leave: expand paid sick time statewide, create a

statewide paid family leave insurance program, supportleave time for child-related activities

Right to request flexibility and predictability Safe, affordable childcare: Expand ERDC, extend tax

credits Protections against discrimination and retaliation: An

Oregon Paycheck Fairness Act Increased minimum wage

RECOMMENDATIONSfor Oregon workers, they say, and


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BACKGROUNDOregon Council on civil rights

(UN)EQUAL PAY Women earn only77 cents for everydollar men earn,and minority womenexperience aneven greater gap inearnings.

77 58

MEN WOMEN

WOMEN OF COLOR

About the Oregon Council on Civil RightsThe Oregon Council on Civil Rights (OCCR) advisesCommissioner Brad Avakian, BOLI and the state generally onmatters related to education about and enforcement of civilrights in Oregon.

The Councils mission:Study and monitor the causes, effects and solutions ofunlawful discrimination in Oregon;

Consider legislative and agency proposals and actions;

Foster communication, goodwill, cooperation andconciliation among groups interested in civil rights acrossthe state; and

Advise the labor commissioner, and other interested stateagencies or of cials, on policies and procedures related toeducation about and enforcement of civil rights.

Membership : Sunny Petit, Chair LaKeitha Elliott Nova Newcomer Roberta Phillip

Debra Robinson

ObjectivesThe Oregon Council on Civil Rights was asked to create andsubmit formal research to the state Legislature regarding payequality in Oregon. The proposal covers current issues, existing


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laws and policy options and recommendations toaddress pay equality among women and minoritypopulations in Oregon.

DefinitionsIn this document, pay equality is de ned in thefollowing terms:

Equal pay for equal work: paying the same

wages to men and women performingthe same work, within and acrossestablishments or businesses; and/or

Equal pay for comparable work: payingthe same wages to men and womenperforming work of comparable value, 16 within and across establishments orbusinesses.

Pay equity is also cited in some instances. Payequity has often been used to distinguish equalpay for the same work (equality) from equal payfor comparable worth (equity). In this document,the distinction is minor and the terms may beconsidered interchangeably.

Process and research forrecommendationsIn July 2011, Commissioner Avakian assignedthe Oregon Council on Civil Rights the task ofinvestigating the issue of pay equality in Oregon.The Council broke the process down into threephases: education, information gathering andformal recommendations.

The Oregon Legislature supported the Councilsefforts with SB 744, a measure sponsored by Sen.Chris Edwards in 2013 to further explore factorscontributing to wage disparities in Oregon.

BOLI will use the Councils recommendations andthis report to inform the agencys development ofan action plan to eliminate pay inequality.

Information gathering

In an effort to encourage participation and fosteroutreach, the Oregon Council on Civil Rightssought the perspective of small and large businessowners throughout Oregon. The Council askedparticipants questions such as:

1) Whether they had a mechanism forevaluating pay equality within theirbusiness;

Equal pay for equal workpaying the same wages to men andwomen performing the same work.

Equal pay for comparable workpaying the same wages to men and womenperforming work of comparable value.

WHAT IS PAY equality?

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2) What thoughts or perspectives they had onpay equality within their businesses andsectors;

3) What barriers exist for conductingpay equality assessments within theirbusinesses; and

4) How employers envisioned the role ofthe Bureau of Labor and Industries inaddressing pay equality.

Members of the Council also evaluated otherlaws and policies addressing pay equality fromcountries including Canada, Switzerland andSweden to gain an international perspective.

Additionally, the council held town hall meetingsin Eugene and Portland to further facilitate publicdiscussion. The meetings provided an outletfor the general public to offer perspectives andtestimonials about pay inequality in Oregon.

The town hall meeting in Portland generatedwide attendance and conversation aroundvarious issues regarding pay equality. Onesuggestion involved de-emphasizing employeesprevious salaries in favor of a heavier emphasis onexperience. Other ideas discussed included theinvolvement of union representatives in the salarynegotiation process, more transparency in wagesand improving methods for gathering wage data,improved family leave laws, and allowing labor

organizations to bring forward both cases ofbroad wage discrimination as well as individualcomplaints. In addition, many attendeescompleted an online survey to further assist thecouncil in developing recommendations.

POLICY AND LEGAL EVAULATIONThe Oregon Council on Civil Rightsevaluated laws and policies addressingpay equality from around the world andheld meetings in Portland and Eugene tofacilitate public discussion.

EDUCATIONThe Oregon Council on Civil Rightsconducted research and solicted advicefrom around the state and consulted withlabor and family policy experts.

Sunny PetitChair, OCCR

OREGON COUNCIL ON CIVIL RIGHTS APPR

INFORMATION GATHERINGThe Oregon Council on Civil Rights askedsmall and large businesses about payequality practices, barriers, perspectives,and what role the Bureau of Labor andIndustries should take to address payequality.

OREGON COUNCILon Civil Rights


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EducationThe Oregon Council on Civil Rights conductedextensive research and solicited advice andfeedback from around the state. This includedinitiating the education phase of its research.In conjunction with the Oregon EmploymentDivision, the Oregon Council on Civil Rightsgave a presentation on the pay gap by race andgender in Oregon. The presentation highlightedpay disparities between men, women andminorities using data from the 2010 Census and

the American Community Survey.

Labor and family policy advocates discussedthe disproportionate impact of sick and familyleave policies on women, especially those raisingchildren. Other signi cant factors in pay disparitydiscussed included job segregation, in whichcertain occupations are predominately occupiedby women and therefore undervalued, bothmonetarily and culturally. It was proposed thatto eradicate pay inequality in the workplace it isnecessary to place equal value on jobs that requiresimilar levels of complexity, supervision andproblem solving. The Council heard from expertsin the eld, including Dr. Margaret Hallock of theUniversity of Oregon and Dr. Barbara Reskin fromthe University of Washington, Seattle. Drs. Hallockand Reskin attested to the historical struggle tocorrect pay disparities. In addition to the researchand feedback provided to the Council, BOLI staffdeveloped an extensive bibliography of articlesand studies related to pay equality, incorporatedin this report.

BOLI

OREGON COUNCILON CIVIL RIGHTS

GRASSROOTSFEEDBACK

ARTICLE

EXPE

CASESTUDIES


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Historically, Oregon has been a leader inaddressing the issue of pay equality bylegislative means.

A brief history of pay equality efforts inOregonOregons Equal Pay Act was enacted in 1955, eight yearsbefore the federal Equal Pay Act. Oregon currently hastwo primary laws that address pay inequality:

1. Wage and hour protectionThe Oregon Equal Pay Act 17 states:

(1) No employer shall:(a) In any manner discriminate between the

sexes in the payment of wages for work ofcomparable character, the performance ofwhich requires comparable skills.

(b) Pay wages to any employee at a rate lessthan that at which the employer pays wagesto employees of the opposite sex for workof comparable character, the performance of

which requires comparable skills.(2) Subsection (1) of the section does not apply where:(a) Payment is made pursuant to a seniority or

merit system which does not discriminate onthe basis of sex.

(b) A differential in wages between employees isbased in good faith on factors other than sex.

THE PROBLEMOFincome inequality

THE OREGON EQUAL PAY ACT OF(WAGE + HOUR PROTECTION)

(CIVIL RIGHTS PROTECTION)

OREGON HAS PASSEDTWO PIECES OFLEGISLATION TO

ADDRESS PAY INEQUALITY

FAIR EMPLOYMENT PRACTICES O


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2. Civil rights protectionThe Fair Employment Practices Act of 1953, 18 amended by the Oregon Legislature in 2001(and now called the Unlawful Discriminationin Employment Act, Public Accommodationsand Real Property Transactions Act), prohibitsdiscrimination because of race, color, religion, sex,sexual orientation, national origin, marital status,or age in compensation or in terms, conditions,or privileges of employment.

In 1964, Governor Mark Hat eld established theOregon Commission for Women to advise thegovernors of ce. The commissions mission is towork for the implementation and establishment ofeconomic, social, legal, and political equality forwomen and to maintain a continuing assessmentof the issues and needs confronting women inOregon, with a primary goal to advocate for

equal opportunity and treatment for women inemployment. 19

In the 1981 U.S. Supreme Court case Countyof Washington v. Gunther 20 the court found anOregon employer liable to women workers whoworked in female prisons and were paid lessthan their male counterparts who worked in male

prisons. The landmark civil rights case applied payequality issues to Title VII of the Civil Rights Actof 1964, the centerpiece of federal discriminationprotection in the workplace.

Income inequality in the U.S.and OregonPay disparity affects short-term earnings, long-term savings, retirement bene ts, housingsecurity and educational opportunities. Despitesome statutory protections for pay equality, 21 paydisparities between men and women persist.

Nationally, women earn roughly 77 percent ofmens earnings, minority men earn roughly 65percent of white men, and minority women tendto experience an even greater gap in earnings. 22 In the U.S., African American women are paid64 cents and Latinas are paid just 55 cents for

every dollar a white man earns.23

According toU.S. Census Bureau statistics, in 2012, women inOregon were paid 79 cents for every dollar thatmale workers earned in the state. 24 The disparitybetween white males and women of color inOregon is even more substantial. White malesin Oregon earned an average income of $46,848for full-time, year-round work, compared with

DISPARITY hurts. White men in Oregon were earningan average income of $46,848 forfull-time, year-round work comparedto $35,552 for white women, $35,625for Asian women and $23,469 forHispanic and Latina women.$=


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white women at $35,552, Asian women at $35,625

and Hispanic women at $23,469.25

The wagegap between men and women has been slowlynarrowing since the 1970s, but has stalled in thelast decade and has not changed since 2002. 26 More needs to be done to achieve the goal of fullpay equality by gender and by race.

In addition to race-based disparities, the wagegap also widens with workplace seniority andposition status. 27 The United States ranks13th internationally by female-to-male ratio oflegislators, senior of cials and managers, andonly 10 percent of board members nationwide arefemale. 28 Further, in Fortune 500 companies, forexample, only 3.6 percent of CEOs, 14.1 percentof executive of cers, and 16.1 percent of boardmembers were female in 2011. 29

Family structures have changed signi cantlyduring the past ve decades. Four in ve U.S.

Source: Boushey & Farrell, 2013

FIGURE 1. PAY OF WOMEN AND MEN OF COLOR RELATIVE TO WHITE MENRATIO OF MEDIAN EARNINGS OF FULL-TIME WAGE AND SALARY WORKERS, 2012

MOTHERHOOD + povertyAn estimated 33 PERCENT ofSINGLE WORKING MOTHERS in Oregon live below the poverty line.

SINGLE WORKING MOTHER

BELOW POVERTY LINE

SINGLE WORKING MOTHERSABOVE POVERTY LINE

33%


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families with children are headed by either twoworking parents or a single working parent, 30 andtwo-thirds of working women are the primary orco-breadwinners in their families. 31 Notably, thenumber of single parents has increased morethan threefold as a share of American householdssince 1960. 32 As more families depend on workingwomen, the importance of equal pay is ever morepressing. In 2011, an estimated 33 percent ofsingle working mothers in Oregon lived belowthe poverty line. 33 Pay inequality impacts entirefamilieschildren includedwho increasinglydepend on womens incomes to support familyeconomic stability and security.

The gender pay gap has historically beenattributed to a number of factors, includingworkplace discrimination, occupational choices,educational attainment, and life decisions, allvariable among men and women. 34 Though eachof these individual elements may be essentialto understanding pay inequality, none of thesepieces alone entirely explain the gender pay

Source: Catalyst, 2013

FIGURE 2. U.S. WOMEN IN BUSINESS

WHEN WOMEN EARN

families suffer

NEARLY2/3 OF MOTHERS ARE THEBREADWINNER OR CO-BREADWINNEFOR THEIR FAMILY.


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majority of the largest category of chargesallegations of retaliation for discriminationcomplaints. 41

Another issue, occupation segregation, accountsfor a portion of the wage gap. Jobs traditionallyheld by men tend to pay better than traditionallyfemale jobs. 42 In Oregon, men occupy a majorityshare of positions in three out of the four highestpaying occupationscomputer/mathematical(75.1 percent male), architecture/engineering(85.2 percent male), and law enforcementof cers/supervisors (80.9 percent male). 43 In theonly high-earning category in which women holda majority of positions, health diagnosing andtreating practitioners, where women account for69.7 percent of job holders, they earn only 64cents to every dollar of their male counterparts. 44 Of the four lowest paying occupations in Oregon,women occupy a majority share in twofoodpreparation and serving (60.1 percent female)and personal care and service (79.1 percentfemale). 45 Despite women dominating thesetwo elds, they still make 80 cents and 79 centson the dollar, respectively, when compared withmen in these occupations. 46 In the remaining twolowest-paying occupations, building and grounds

cleanup and maintenance and farming, shing,and forestry, though men hold a bigger share oflow-pay positions, they still make substantiallymore than the women in those jobs. 47

Gains in occupational desegregation can beattributed largely to women moving morefrequently into male-dominated elds duringthe 1970s and 1980s. 48 However, the wagegap often persists even for women who breakinto traditionally male-dominated workplaces,

as is clearly evident in Oregon. Occupationalsegregation arises in large part from patternsof history, socialization, and opportunity thathelp shape which types of careers are viable andavailable to women. 49 Family, community, andmedia all send messages to girls and women

In Oregon, men occupy a majorityshare of positions in three out of thefour highest paying occupations.

75% 81% 85%

COMPUTER/MATHEMATICAL

ARCHITECTURE/ENGINEERING

LAW ENFORCEMENTOFFICERS/SUPERVISORS

In health diagnosing and treatingpractitioner positionsthe only high-earning category in which women holda majority of positions at 70 percentwomen earn only 64 cents to everydollar of their male counterparts.


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about the types of careers that are suitable andavailable to them. 50 An additional, signi cantcontributor to this process of socialization is theeducational system.

EducationEducation can advance the position of women inthe labor force, providing skills and knowledge, as

well as relationships and entre into employmentsectors. In Oregon, women slightly outpace menin both undergraduate and graduate enrollmentand graduation. 51 However, the types of degreesmen and women are awarded do not re ect thesame balance. For example, at Oregon StateUniversity, one of the three largest OregonUniversity System (OUS) schools, comprisingslightly more than one-quarter of the entireOregon University System student population, 52

the majority of graduates in engineering, science/math, and business are men. Women earn only 46percent of science/math degrees, 43 percent ofbusiness degrees, and 16 percent of engineeringdegrees. 53 Despite higher rates of enrollment anddegree completion, in Oregon, those majors withhigh earning potential are still largely dominatedby male students. 54 Oregons occupational

segregation in elds related to these degrees,detailed prior, strongly suggests a link betweeneducation focus and subsequent career andearning differences.

A number of factors keep women out oftraditionally male-dominated educational andprofessional elds. For example, women tendto be dramatically underrepresented in Science,Technology, Engineering and Mathematics (STEM)programs of study and careers, both in Oregonand nationally. 55 Research suggests that masculinestereotypes, a lack of active encouragement atcritical points in development, absence of femalementorship, 56,57 and a paucity of female rolemodels in STEM elds 58 all negatively impactthe likelihood of women to even consider STEMprofessions. These in uences are all essential inshaping the options that appear available andattainable to women.

Work/life conflictIn part, the gender pay gap does representdifferentials in occupational, educational, andother life choices made by men and women.However, it is crucial to consider the differential

In Oregon, undergraduate andgraduate majors with highearning potential are largely

dominated by male students.

46 % 43%

16%SCIENCE/MATH BUSINESS ENGINEERING

OREGON STATE UNIVERSITY DEGREES EAR

2012-2013


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social expectations and consequences faced bymen and women at the intersection of work andlife.

The jobs men and women hold are the productof patterns, expectations, and paths constructedand reinforced by many years of accumulatedhistory and norms. Certain choiceswhat eldto enter, what course of study to pursue, howmuch (if any) education to pursue, how muchto work outside of home, what types of jobs

and workplaces are desirableare all bound byculture and experienced differently by men andwomen. 59

Compounding the issues of discrimination andoccupational and educational segregationdetailed in prior sections, women also face a setof social expectations around caretaking andhome life. Women are often expected, morethan men, to take on the second shift of childcare, housework, and domestic responsibility,extending their working hours. These pervasivecultural norms have a direct effect on the

amount of time men and women spend at workand, as a result, women tend to accumulate lesswork experience in the long run, as their roles inhousework and child care compete with work-related commitments. 60

About 10 percent of the gender wage gap canbe attributed to differences in work experiencebetween men and women, often the result ofwork time lost to caregiving responsibilities. 61 Thewage gap also widens with age: as workers with

care responsibilities withdraw from the workforceor limit their participation, they take homeless income, are less likely to earn raises andpromotions at the same pace, have less access toearned retirement bene ts, and accumulate lowerlifetime wealth. 62 Women are both less likely thanmen to work in an employment setting that offerspaid sick time 63 and more likely to need that timeto take care of a child or other family member. 64 Inthe absence of bene ts like paid leave for either

individual, and because men are more likely toearn more income in the rst place, couples in

SACRIFICING WOMENS PAID WORKCouples in a two-parent householdmore frequently decide to sacrificea womans paid work to meet familycaregiving needs than a mans.


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a two-parent household more frequently decideto sacri ce a womans paid work to meet familycaregiving needs than a mans. 65

Mothers experience an even wider pay gap thanwomen without children because of lifetimeloss of accumulated earnings due to perinatal job transitions (e.g. maternity leave, job re-entry, etc.). 66 Women with children tend to facewhat has been termed a motherhood penalty,with employers being less likely to hire motherscompared with non-mothers and tending to offerlower salaries to mothers, while fathers suffer nodiscernible penalties for fatherhood as comparedwith other men. 67 Compounding the family-relatedearning gap, research evidences that women areoften penalized for self-promotion behaviors atwork (e.g. negotiating pay, requesting time off,etc.), making opportunities for re-entry into workand advancement dif cult and often costly forwomen. 68

Among Oregon women with children under

eighteen years of age, 73.5 percent are in theworkforce, and parents in general are more likelyto be working than people without children

Among Oregon women with childrenunder eighteen years of age, 73.5percent are in the workforce

under eighteen. 69 However, work status ofparents differs by both gender and age of theirchildren. For parents of children under six, atime in parental life when work-family con ictsare greatest, theres a wide disparity with 93.4percent of men in the labor force, comparedwith only 68.5 percent of women. 70 This gapnarrows somewhat for parents of children agessix to 17, with mens labor participation at 92.5percent and womens at 77.6 percent. 71 However,for non-parents, there is a much less distinct gapin labor force participation: 62.4 percent of men

without children under 18 are in the labor force,which is only ve percent higher than womensparticipation rate of 57.1 percent. 72 This narrowergap in workforce participation among men andwomen without young children may support thatwomen, more often than men, forego work forfamily caregiving.

THE MOTHERHOOD PENALTYEmployers are less likely to hiremothers compared with non-mothersand tend to offer lower salaries tomothers, while fathers suffer no

discernible penalties for fatherhoodas compared with other men.


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To address the myriad causes of

pay inequality in Oregon, multiplestrategies on the policy, employer,and individual levels are required.The Oregon Council on Civil Rightsrecommendations are presented in four sections.

1. The rst section addresses short-term objectivesto remedy pay inequality, including educationand outreach activities to raise awareness ofthe issue and to encourage timely voluntary

adoption of best practices in the private andpublic sectors.

2. The second section includes suggestions foremployer incentives and examples of bestpractices for the workplace.

3. The third section includes recommendationsfor programming aimed at improving entrefor women into male-dominated elds ofstudy and occupations.

4. The fourth section includes potential long-term objectives and policy options, includingproposed legislation and enforcementprovisions.

5.

RECOMMENDATIONSfor Oregon

1. OUTREACH & PUBLIC AWARENESS Partnerships with employers and private sector leaders

Public Service Advertisements, and social media campaign Technical Assistance and training

2. EDUCATIONAL & OCCUPATIONAL PROGRAMS Opportunities for women in traditionally male-dominated

academic and professional fields Career training and mentorship programs

3. EMPLOYER INCENTIVES & WORKPLACE BEST PRAEstablish benchmarks and criteria for an official EqualPay award program, recognizing model employersstatewide

Create Best Practices Portfolio for employers

4. LEGISLATION & MONITORING Paid leave: expand paid sick time statewide, create a

statewide paid family leave insurance program, supportleave time for child-related activities

Right to request flexibility and predictability Safe, affordable childcare: Expand ERDC, extend tax

credits Protections against discrimination and retaliation: An

Oregon Paycheck Fairness Act Increased mimum wage

PAY EQUALITY

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18

Oregon should develop

and implement a strategiccommunications programthat elevates awareness ofpay inequality and motivatesemployees and employers totake meaningful action towardequality.

Elements of such a program should include:

Initial partnerships with keyemployers and private sector leaders

The effort to achieve pay equality shouldinclude targeted outreach to a limitednumber of employment sectors based ontheir visibility and likelihood of voluntaryinvolvement. Within each sector, BOLI shouldapproach market and sector leaders forpotential partnership. In addition, BOLI and

the Commissioners Of ce should look foropportunities to highlight businesses alreadyengaged in workplace practices that fosterpay equity. In doing so, the effort would createa public/private partnership that leveragesprivate communications dollars to enhancethe overall visibility for the effort to achievepay equality.

Finally, BOLI could work to enlist media partnersespecially those with existing awards programsto incorporate pay equality into their categoriesof excellence.BOLI should also develop technical assistancematerials to help small businesses comply withpay equality laws. BOLI may also choose to createseminars and workshops to teach employershow to identify and address sex and race-baseddiscrimination or incorporate practices intoexisting sessions.

Strong Public Service Advertisement(PSA) and social media campaign

A low-cost, high-impact PSA campaign couldinclude production and distribution of targetedvideos and other content that Oregonians wouldwant to share with their friends and family. Givenbudget limitations, heavy emphasis should beplaced on generating content thats memorable,creative and interesting.

CASE EXAMPLE: When womensee themselves represented in certainoccupations, they are more likely toconsider those positions within reach, andact on pursuing them. 73 National PublicRadio developed a special web series, The

SECTION ONEoutreach + public awareness


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Changing Lives of Women, 74 a collection ofwomens stories in education, in the laborforce, and on work-life balance. BOLI couldapproach Oregon Public Broadcasting orother media outlets to develop a similarradio/web series, serving the dual purposeof providing a platform for womens storiesto be told and heard, and offering amechanism of recognition for best practicesfrom Oregon companies and organizationsthat support, employ, and/or are led by

women pro led in the series.

Technical assistance and bestpractices for existing seminarsand trainingThe Bureau of Labor and Industries TechnicalAssistance for Employers Program receives nearly20,000 calls a year from Oregon businesses and,in 2012, trained more than 4,000 managers instate and federal employment law. The Technical

Assistance Program should consider furtherincorporating information on pay equality laws,company strategies and principles in its trainingsand materials. Lessons from Oregon companiesand others who have made strides in their ownworkforce would be of particular importance tohighlight.

When women seethemselves represented incertain occupations, they aremore likely to consider thosepositions within reach ,and act on pursuing them.


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Oregon should focus on improvingeducational and occupational training

program access, opportunities andenvironments for young girls, women,and men of color. Toward this aim, Oregonshould initiate programs that target early entry-points to education and careers, prioritizingreaching these underrepresented groups with agoal to promote job desegregation.

Enhancing opportunities for womenin traditionally male-dominated

fieldsAs detailed in a prior section, a number of factorskeep women out of traditionally male-dominatededucational and professional elds. Oregonscurrent employment data indicates a severe lackof female representation in science, technology,engineering and mathematics (STEM) elds,protective service occupations, natural resource,construction and maintenance occupations, andproduction, transportation and material moving

occupations. 75 Improving entre for women intotraditionally male-dominated eldsespeciallythose with high earning potential, such as STEMcareerscan decrease occupational segregationand aid in narrowing the pay gap.

Schoolsfrom local public K-12 school systemsto Oregon colleges and universitiescould

initiate targeted efforts to create an education-to-career pipeline for women in traditionally

male-dominated majors and elds. Trade schooland occupational training programs targetedtoward women should be adequately funded andsupported.

CASE EXAMPLE: In the PortlandPublic Schools District, the Harriet TubmanLeadership Academy for Young Women(closed in June 2012 as a district cost-saving measure) was the only public collegepreparatory school in Oregon serving 6ththrough 12th grade female students, with afocus on education in science, technology,engineering and mathematics (STEM). 76 Theschool, which had a strong presence in thecitys African-American community, 77 provideda model for educational programs aimedtoward engaging girls and young womenearly in STEM.

CASE EXAMPLE: Maria Klawe,president of Harvey Mudd College in CA,has spearheaded a number of initiatives torecruit and retain more female students in theschools computer science program. Throughprogram promotion among female studentsand applicants, curricular changes makingintroductory courses more accessible, research

SECTION TWOeducational + occupational program


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opportunities for practical application ofskills, and networking opportunities including

a large conference for women in computingoffered to rst year students, Harvey MuddCollege now boasts near-parity in computerscience majors40 percent of the schoolscomputer science majors are womenpacingit far ahead of an 18 percent national averageof CS degree holders. 78

Career training and mentorshipprograms for womenCareer and technical education programsshould be expanded to provide more womenand minority students opportunities to explorehands-on learning through shop classes and skillstraining. By directly engaging young students invocational programs in the classroom, Oregoncan strengthen its pipeline of skilled workers andmake progress toward a stronger, more diverseworkforce. Notably, vocational programs canexcite studentsincluding women and peopleof colorin interests that lead to well-paying

careers without adding to skyrocketing studentdebt.

CASE EXAMPLE: Oregon Tradeswomen,Inc., (OTI) is a 501 (c)(3) nonpro t dedicatedto promoting success for women in thetrades through education, leadership and

mentorshipOTI was founded on theprinciples that women deserve and canattain economic self-suf ciency throughpursuing careers in the building, mechanical,electrical, and utility trades while helping andencouraging the trades industry build up adiverse workforce. Today the organizationis comprised of nearly 400 members, three

programs, an annual trades career fair forwomen and girls, and the support of trades

industry employers.79

OTI is an exemplaryorganization whose strategy to reduceoccupational desegregation and improvelabor force participation for women ismulti-dimensional: OTI equips women withnecessary skills and relationships while alsoworking toward impacting and changing workenvironments and cultures that perpetuatethe underrepresentation of women in trades.

In addition to sector-speci c mentoring, outreach

programs for women beginning their careersshould emphasize personal mentoring and skillsdevelopment, including teaching young womensalary negotiation skills early. The Councilsresearch found that men are four times as likelyas women to initiate salary negotiations.80According to one study, 20 percent of adultwomen say they never negotiate at all, eventhough they often recognize negotiation asappropriate and even necessary.81 When

women fail to negotiate their salaries, they areless likely to receive a higher salary. Of course,women who do negotiate competitive salariesstill face discrimination,82,83,84,85 Accordingly,efforts toward encouraging womens self-promotion behaviors need to be coupled withemployer education and strong policies tomitigate unintended consequences of penalty orretaliation against women who engage in salaryor position negotiation.

Though closing educational gaps may helpefforts toward reducing the gender pay gap,research indicates that it alone is not suf cientto remedy persistent disparities in pay and laborforce participation between men and women.86More must be done in the policy arena, at thepopulation level to effectively shift the pay gap.


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22

As one incentive for employers tostrive for pay equality, the Bureauof Labor and Industries couldestablish benchmarks and criteriafor employers that would makethem eligible for a pay equalityaward and/or official recognition.To qualify, employers must demonstrate thatthey have made a substantial effort to achievepay equality that deserves special recognition.Employers who would qualify to participate in

this program 87 include, but are not limited to: Corporations Partnerships Professional associations Nonpro t organizations Labor organizations

In addition to enforcement efforts or mandatedprograms, Oregon should create a portfolio ofBest Practices in the Workplace for employers who

want to achieve pay equality in their organizations.Because the causes of pay inequality are myriadand in uenced heavily by social factors relatedto family obligations and childrearingpoliciesthat support women, minorities and their familiesin the workplace provide the best chance ofcreating an environment that will lead to payequality. This portfolio of best practices could

be of use in implementing a cooperative systemfor engaging the business community: through

recognition of model workplaces and technicalassistance on achieving best practices, a cultureof healthy competition to meet and exceednewly established workplace standards can becreated and sustained.

BEST PRACTICE EXAMPLE:Hiring, promotion, and pay-equityaudits 88

Companies may conduct periodic internalaudits to assess their performance in non-discriminatory hiring, promotion, and paypractices. Such audits can shed light onwhether or not current company workforcecomposition re ects the available candidatepool in a sector, whether managementre ects balance in promotion of men,women, and minority employees internallyfrom lower-level positions, and whether men,women, and minorities are paidequally for performing the same work.

For example, Sarah Allen, founder ofBlazing Cloud, a mobile devices softwaredesign and development company, noticedearly on in her career a dearth of femaleprogrammers in software and development

elds. Allen recommends that rms examinetheir recruitment, interviewing, hiring, and

SECTION THREEemployer incentives + workplace bes


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promotion practices to see where and howwomen are excluded from rst consideration,

or discriminated against during the process,in order to identify entry points for action.In other words, because nearly 20 percentof computer science graduates are women,Allen recommends that if an agency doesnot see this demographic re ected in initialcandidate recruitment, interviewing, andhiring, that attention to af rmative actionrecruitment may be merited. 89 Such auditscan be performed formally or informally,

internally or by external contract, thoughformal, structured processes are preferablefor improving accountability and thelikelihood of follow-through.

Another audit strategy is to examinepay equity within a workplace, or equityacross sectors. Pay equity is a method ofeliminating broad pay disparities wherebywomen are paid less than men for jobs that

require comparable levels of expertise. Payequity expands upon the familiar concept

of equal pay for equal work by addressinghow traditionally female-dominated workis often systematically paid less than male-dominated work, despite comparable levelsof required education, skill, responsibility,and experience. 90,91 A policy establishing payequity usually involves evaluation of all jobs,with points assigned according to the levelof knowledge and responsibility requiredto do the job; and salary adjustments

commensurate with any disparities bywhich women and/or minority employeesare consistently paid less than men for jobsassessed at similar point values. 92

For example, Minnesota requires publicsector employers to conduct regular payequity studies, identifying, reporting on,and remedying pay disparities betweencomparable jobs. 93 Women tend todominate public sector service jobs, 94 thus,targeting this area has strong potential toimpact earnings inequality. Minnesota hasa gender wage gap of 80%, median maleearnings of $50,885, and median femaleearnings of $40,595 95all better metricsas compared to Oregon, and perhapsattributable to pay equity in the publicsector. Oregons public sector could pioneerbroad pay equity audit efforts for the state,either widely across public employees, or

piloted through select departments mostplagued by occupational segregation.

BEST PRACTICE EXAMPLE:Joint evaluationThe gender pay gap exists at all levelsof labor force participation, but is most

Allen recommendsthat firms examinetheir recruitment,interviewing, hiring,and promotion practices to see where and how womenare excluded from firstconsideration, or discriminatedagainst during the process, inorder to identify entry pointsfor action.


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24

pronounced at senior-level positions,

with women starkly underrepresented inmanagerial, leadership, and high-earningpositions. 96 In many workplaces, initial hiringoften involves joint evaluation, wherebycandidates are explicitly compared to oneanother on the basis of quali cations andcredentials, and promotional considerationmoves to separate evaluation. 97 Researchindicates that employers using joint-evaluation approaches tend to make

decisions based on past performance,rather than an employees gender andimplicit stereotypes, while separateemployee evaluations were in uencedby the candidates gender. 98 Employersshould engage in joint evaluation practicesthroughout hiring and promotion proceduresto mitigate the consequences of separateevaluation, which is more subject todiscriminatory stereotypes and non-performance-based factors.

BEST PRACTICE EXAMPLE: Workplace flexibility Many companies have come to valueworkplace exibility as a means to facilitateef ciency, employee retention, andproductivity. Flex-work may include regularor short-notice ex time, compressedworkweeks, telecommuting, sabbaticals orother extended leave, part-time or part-year

work, self-scheduling and shift trading, aswell as paid vacations, sick time, and timeoff for caregiving. 99 Flexible employmentarrangements can have a marked impact onwomens ability to stay in the workforce, inlarge part by mitigating the motherhoodpenalty many women experience in

lost positions, missed promotions, and

decreased tenure.For example, each year the Families andWork Institute (FWI) and The Society forHuman Resource Management (SHRM)partner to present the Sloan Award forExcellence in Workplace Effectiveness andFlexibility to a number of model employersacross the U.S. for their innovative andeffective workplace practices. 100 Theseworkplaces represent a broad range ofsectors, and demonstrate the ef cacyof innovations that improve retention,engagement, and job satisfaction. 101

BEST PRACTICE EXAMPLE:On-site child careSome companies recognize the bene tsof offering on-site child care facilities toemployees. This structure provides returnsfor businesses, who can better recruit andretain high quality employees. Further, on-site child care facilities allow more exibilityto employees with young children, whichfosters a more ef cient and productiveworkforce.102

For example, Intel, with multiple of ces and

Flexible employmentarrangements can have a markedimpact on womens ability tostay in the workforce , in largepart by mitigating the motherhood

penalty many women experiencein lost positions, missed promotions,and decreased tenure.


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facilities in numerous locations, offers near-

site child care and contracts with existingproviders. 103 In fact, the company creditsits backup childcare program with savingmore than 5,000 days of absenteeism peryear, a major economic bene t both for thecompany and its workforce. Fred Meyeroffers some employees onsite child careoptions through a partnership with a nationalchild care provider, Childrens CreativeLearning Centers, as does Oregon Health &

Science University.

BEST PRACTICE EXAMPLE:

Protections for survivors of violenceMillions of women each year experiencephysical, sexual, and emotional abuse froman intimate partner, and it is estimated thatone in four women will experience someform of abuse by a partner in their lifetime. 104 The cost of intimate partner violence (IPV) toworking women is tremendous: the Centersfor Disease Control and Prevention estimatesthe annual cost of lost productivity due to

domestic violence is $727.8 million (in 1995dollar equivalent), with more than 7.9 millionpaid workdays more than 32,000 full time jobslost each year. 105 The mechanismsfor this lost productivity are varied: womenmay miss work due to injury, due to needingto attend court proceedings related to the

violence, or for other needs (counseling

for self, children, etc.). Further, workplacesare often ill-equipped to support womenexperiencing violence, and women are often

red, demoted, or transferred involuntarilyin response to absenteeism or in responseto an abusive partners use of violence in awomans workplace (e.g. stalking at work,threatening a workplace, etc.). 106 Becausewomen are disproportionately affectedby IPV, and their labor force participation

suffers concomitantly, IPV is linked to thegender pay gap. Addressing violenceagainst women can help ensure womensmeaningful economic participation, andworkplaces can play a key role in helpingto mitigate the impact that IPV has ondisparities between mens and womensearnings. Women and workplaces bearthe costs of absenteeism, impaired jobperformance, and loss of experiencedemployees. Though more than 70 percentof United States workplaces do not havea formal program or policy that addressesviolence, 107 many workplaces have workedto implement supportive policies, includingnondiscrimination and non-retaliation forworkers disclosing violence, protected leaveand other workplace assistance, access tounemployment bene ts, work performanceaccommodations, and compliance withorders of protection. 108

Intel , with multiple offices andfacilities in numerous locations,offers near-site child careand contracts with existing providers.


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26

As indicated, the stubborn paygap in Oregon and nationwide willrequire comprehensive strategiesto shift, decrease, and eventuallyeliminate disparities in pay bygender and by race.National policies are certainly a part of theequation, but individual states have tremendouspower in setting a standard, serving as models,and creating momentum for federal action. 109 State intervention can mediate the processesby which womens occupational choices andopportunities are formed, while social policiesfunction to shape employers preferences forspeci c groups of employees, and allow femaleemployees to reconcile work and family con ictswithout having to do it solo. 110 Oregon can havean impact locally and on the national stage bychampioning strong social policies that respondto our states unique needs, while challengingother states to follow suit and commit to matching

Oregons progress.

Internationally, model countries that have mostsuccessfully narrowed pay inequality are thosethat have implemented a host of social policiesand programs: creating equitable opportunitiesfor women to rise to positions of leadership,including; maternal and paternal leave; federal

or state parental leave bene ts supported jointly via social insurance funds and employers;

tax incentives for employers and breaks forparent employees; and post-maternity re-entryprotections and programs. 111 Policies that makework more compatible with family, home, andmotherhood are likely to contribute to positivechanges in labor force participation and equalpay. 112 Paid parental leave, paid sick time, childcare affordability and availability, the right torequest exibility, legislative protections fromdiscrimination and provisions for wage fairness,and an increased minimum wage representa number of key strategies with tremendouspotential to reduce pay inequality.

Leave time: Paid family leave, paid sicktime, and time off for childrens activitiesAs indicated in prior sections, womensdisproportionate time away from work toattend to caregiving commitments, especiallythose involving children, impact immediateand lifetime earnings. Paid, protected time

away from work provide women with means tobalance commitments to work and family withoutsacri cing essential income or foregoing a child orother family members needs. Maternity, paternityand parental leave are all closely associated withwomens economic participation and genderparity in many nations and localities. 113

SECTION FOURlegislation+ monitoring


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Paid family leaveAlthough the Oregon Family Leave Act (OFLA)is more generous to employees than currentfederal law, 114 many Oregon families cannotafford to take unpaid leave, and may requireadditional provisions for family and medicalleave. Women are disproportionately impactedby current family and medical leave laws becausethey are still the most likely to need leave orto drop out of the workforce due to family

care giving responsibilities. Women who havechildren are the most likely to leave their jobsand to experience a wage-drop after changingemployers; this is especially true for women ofcolor, young mothers and for women with lowereducational attainment. 115 Paid family leavewould allow a person to take extended periodsof leave to undertake caregiving responsibilitieswithout suffering nancial hardship, helping toreduce pay inequality by increasing job tenure

rates, lifetime earnings, and economic security inretirement for women. 116

About 10 percent of gender-based pay inequalityis due to differences in work experience betweenmen and women, often a consequence ofcaregiving responsibilities. 117 The motherswage penalty is estimated at approximately7 percent per child, and just one-third of thegap is attributed to the consequences of takingleave. 118 According to one national study, a mere

11 percent of private sector workers and 17percent of public sector workers report access topaid family leave. 119 In the United States, nearly80 percent of mothers with access to either paidor unpaid maternity leave return to their previous job postpartum, compared to only 63 percent ofmothers without access. 120 Women with access

to paid leave are almost 70 percent more likelyto come back to work three months to one yearafter having a child, 121 and are less likely to utilizepublic assistance programs. 122 The negativeimpact of the birth of a child on an individualsearnings is only present for women ndingsindicate that men receive increased employmentopportunities, higher salary offers and promotionswith the birth of a child. 123 When leave is paid,uptake increases among men, which encouragesgender equity in caregiving and in turn leads to adecline in the wage gap. Supporting more mento engage in caregiving without jeopardizing

nancial stability reduces stigma around takingtime off, decreases pay disparities, and providesmen with greater access to the work-life balancethey increasingly desire. 124

Parents with young children are not the onlyindividuals who would bene t from paid familyleave. Caregiving responsibilities often fallon family members to aging individuals whorequire extra assistance performing daily and

Paid parental leave, paid sicktime , child care affordabilityand availability, the right torequest flexibility, legislativeprotections from discriminationand provisions for wage fairness,and an increased minimumwage represent a number of keystrategies with tremendous potentialto reduce pay inequality.


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28

routine tasks. Forty-two percent of workers haveprovided unpaid elder care to a family member

in the past ve years, and nearly half of workersexpect to need to provide elder care in the next

ve years. 125 The rst wave of baby boomersturned 65 in 2011, and by 2050, demographersproject that up to 20 percent of the populationwill be older than the retirement age. 126 Nearlyone in ve of those over the age of 65 needhelp with basic daily activities, and most peoplewho provide care for older family members arethemselves employed. 127

California and New Jersey have implementedpaid family leave legislation, and a number ofinternational exemplars in paid family leavepolicy exist to guide the formulation of legislativestrategies for leave provisions in Oregon.

EXAMPLE LEGISLATION: CaliforniaIn 2002, the California legislature extendeddisability compensation to cover individualswho take time off of work to care for a seriously

ill child, spouse, parent or registered domesticpartner, or to bond with and care for a newchild. California Senate Bill 1661 establishedthe Paid Family Leave insurance program(also known as Family Temporary DisabilityInsurance program), administered by theState Disability Insurance Program (SDI). 128 An estimated 13 million California workerscovered by the SDI program have also beencovered for Paid Family Leave bene ts sincethe programs inception. 129 Key mechanismsand provisions of Californias Paid FamilyLeave insurance program include: 130

It is administered by the CaliforniaEmployment Development Department.

Workers who contribute to SDI may takeup to six weeks of partial pay each year

to care for a newborn, a newly adoptedchild or ill family member. These weeksare in addition to the six or eight weeks ofmaternal disability leave to which a newmother was already entitled under the SDIprogram for recovery from childbirth.

Employees are eligible to receive 55percent of their wages during theirabsence, up to a maximum weekly bene tamount determined by wages during thebase period.

Under the California Family Rights Act,all employers are covered by the newlegislation, regardless of size. However,employers with fewer than 50 employees

may not be required to hold open a jobfor a worker on paid family leave.

Workers do not need to take all six weeksconsecutively, rather employees can takeleave intermittently on an hourly, daily orweekly basis as needed.

Before receiving bene ts, workers mustserve a 7-day non-payable waiting period.

According to one survey, more than 95 percentof workers who took family leave in Californiareturned to work, and more than four- fthsreturned to the same employer. 131 Womenwho make low hourly wages are one of thepopulations least likely to return to work aftertaking leave to care for a family member ornew child. After the enactment of Californias

Nearly 83 percent of theCalifornia workers taking leavereturned to the same job they had held before.


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Paid Family Leave program, workers earningless than $20 per hour who took intermittent

leaves were signi cantly more likely to returnto the same employer than those who did nottake leave. Further, nearly 83 percent of theworkers taking leave returned to the same jobthey had held before. 132

EXAMPLE LEGISLATION:An international perspectiveIn nations with comprehensive and generousmaternity leave policies, such as Belgium,Denmark, Finland, France, and Sweden, thereis no signi cant discrepancy in the labor forcebetween women with young children andwomen without young children. 133 Researchconducted in Canada after maternity andparental leave allowances were expandedin 2001 to a maximum of 52 weeks of paid, job-protected leave found that all provincialprograms increased the likelihood thatwomen would return to work after the birthof a child. 134 Job-protected paid leaveincreased employment rates for parents ofboth genders whose youngest child is underthe age of two. 135 Paid leave longer than 17to 18 weeksranging from 29 to 52 weeksdepending on the provincewas associatedwith higher rates of job continuity, as morewomen returned to work who would haveotherwise left the labor force. It also resultedin higher rates of women returning to full-time, rather than part-time employment. 136

Paid sick timeAkin to paid family leave time and paid time offfor child-related activities, paid sick time laws cancombat the pay gap by mitigating the penaltieswomen often face in taking time off to care forthemselves or a dependent due to illness. In

Oregon, 53 percent or about 314,277 private sectorworkers137 do not accrue sick days on the job, and

women and people of color are overrepresentedin part-time and low-wage positionssuch asservice, sales, of ce occupations, child careand home health carewhich include some ofthe occupations least likely to offer earned sickdays. 138 Working women tend to be primarycaregivers of their families, even within a two-parent household, and illness poses the dif cultdecision of having to work sick or lose pay bystaying home. 139 A number of cities, includingPortland, San Francisco, Seattle, Washington DC,New York, and Jersey City, have passed paid sicktime accrual laws, and Connecticut has statewidesick time provisions. Oregon can continue tobe an early adopter and leader in this arena,and maximize the impact these provisions haveon the pay gap throughout Oregon by passingstatewide legislation ensuring all workers haveaccess to paid sick time.

Paid and/or unpaid time off forschool conferences and schoolactivitiesA handful of states have enacted legislationto protect employees who must take time offfor child-related school functions. This kind oflaw is positive for mothers, for children, and forworkplaces, which retain talent and support

In Oregon, 53 percent or about314,277 private sector workers donot accrue sick days on the job.


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positive employment atmospheres by suchprovisions.

EXAMPLE LEGISLATION:Illinois, Washington, D.C., CaliforniaIllinois requires employers to grant employeestime off for child-related activities, available ifno other accrued leave is available. Employerswith 50 or more employees must grantemployees up to eight hours of leave duringany school year to attend school conferences orclassroom activities that cannot be scheduledduring non-work hours. 140 In Washington,D.C., employees are entitled to a total of 24hours of leave during any 12-month period toattend or participate in school-related eventsfor their child. The employees must providenotice of at least ten calendar days, unlessthe event cannot be reasonably foreseen. 141 In California, state protections prohibitemployers with 25 or more employees atthe same location from discharging or in anyway discriminating against employees whotake time off for school events. This includesparents, guardians, or custodial grandparents,and entitles these caregivers to take up to40 hours each school year. 142 Other stateswith some type of protected leave laws foremployees to take time off for child-relatedfunctions include Louisiana, Massachusetts,Minnesota, Nevada, North Carolina, RhodeIsland, and Vermont. 143

Monitoring leave use in OregonTo capture an accurate picture of how leave time isused, who uses it, and how it impacts pay inequalityin Oregon, data should be routinely collected inseveral domains. The following recommendationspertain to current laws and programs, as well asprospective laws and programs. Oregon shouldcompile data on:

OFLA requests, utilization rates, and denialsof OFLA requests (including the nature/reasons for such denials);Sick time requests, discrimination andretaliation complaints, and resolution of suchcases through BOLI.

Track utilization of public assistanceprograms (WIC, SNAP, TANF, UI) consequentto implementation of paid leave time.

Right to request flexibility andpredictabilityFewer and fewer households have at leastone parent at home. According to the CensusBureau, more than 70 percent of children are

raised in families that are headed by either aworking single parent or two working parents. 144 Furthermore, the number of households withmarried parents and children, in which bothparents are in the workforce, rose to 66 percentin 2010.145 The number of single-parent familieshas also increased, almost tripling during the last50 years, from 5 percent in 1960, to 14 percent in2010.146

Workplace exibility can support the conditions

that make work more compatible with familylife for women in the workforce. Having a senseof agency on the job is known to be good forthe health and wellbeing of employees 147 andcan improve retention and long-term earningspotential for women by allowing them to meetwork and family commitments.

Workplace flexibility can supportthe conditions that make work morecompatible with family life forwomen in the workforce.


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EXAMPLE LEGISLATION:The Working FamiliesFlexibility ActThe Working Families Flexibility Act, 148 proposed by U.S. Representative CarolynMaloney (D-NY), would grant employees theright to request exibility and predictability intheir schedules, and require employers, undercertain circumstances, to allow exible workschedules for employees. The act would alsoprotect employees from retaliation stemmingfrom inquiries about or requests for a exiblework schedule. 149,150 H.R. 4106 would provide

a statutory right to request exible workterms and conditions for employees. Coveredemployers would be all those who have 15or more employees. The bill would grant aneligible employee the right to apply for atemporary or permanent change in their workschedule if the change relates to:(1) the number of hours the employee is

required to work;(2) the times when the employee is required

to work or be on call for work;(3) where the employee is required to work;

or(4) the amount of noti cation the

employee receives of work scheduleassignments. 151

Subsidized child careHigh-quality child care and early childhoodeducation have countless positive long-termimpacts on children and the economy, andprovide important bene ts to working parents,especially working mothers. 152 Child care is animportant factor in allowing women to reconcileprofessional and family obligations. 153 Accessible,affordable, safe, and reliable child care isespecially important for womens economicparticipation because women tend to bear mostcaregiving responsibilities, and their immediateand long-term earnings are impacted when child

care arrangements are unavailable, unaffordable,or otherwise untenable. Unfortunately, in Oregon,child care systems place a signi cant burden onmany families. Child care expenses are becomingincreasingly unaffordable, as wages fail to growand keep pace with rising costs. 154 Nationally,

FIGURE 3: CHILD CARE COST VS. TUITIO

Source: Children First for Oregon, 2013

THE RISING COSTS OF CHILD CAREOregon is the least affordable state whenit comes to child care: the annual cost of

child care for single-parent families is 61.6percent of annual income, and 18.6 percentfor two-parent families, and averagecollege tuition costs less than two-thirdsthe annual expense of child care.


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Oregon is the least affordable state when itcomes to child care: the annual cost of childcare for single-parent families is 61.6 percent ofannual income, and 18.6 percent for two-parentfamilies,155 and average college tuition costsless than two-thirds the annual expense of childcare. 156

PRIORITY LEGISLATION:Expand employment-related daycareCurrently, Oregons Department of HumanServices provides child care subsidies toworking families whose incomes are below185 percent of the Federal Poverty Level.The Employment Related Day Care Program(ERDC)157 requires that the child care providerbe at least 18 years of age, pass criminaland child abuse records checks, and meethealth and safety standards. Each family isrequired to make a co-payment that variesbased on family size and income. In recentyears, budget cuts have limited the number

of families served and created waitlists foreligible families to gain access to bene ts.In order to mitigate the rising costs of childcare and the impact on womens earnings andfamily economic security, Oregon should: 158

Restore funding for ERDC to providesubsidies to those currently eligible.

Expand ERDC eligibility to 250 percentFederal Poverty Level, a more inclusiveand realistic level that accurately re ects

a familys ability to afford child carecosts.

Increase co-pay limits and coverageassistance.

PRIORITY LEGISLATION:Extend state child care tax creditsThree child care tax credits in Oregon willexpire on December 31, 2015 in the absenceof action to extend them. 159 Oregons Childand Dependent Care and Working FamilyChild Care tax credits reduce tax obligationsand offer tax refunds, in some cases, forthose who qualify. The Employer ProvidedDependent Care tax credit allows businessesto apply a tax credit for providing childcare assistance and referral information to

employees. 160 Oregon should continue thesetax credits beyond their current terminationdate.

Protections against discriminationand retaliationAs detailed in prior sections, women may faceovert and systematic discrimination at all stagesof the work world. In particular, protectingmothers against ring or retaliation for requests oraccommodations would reduce the earnings gapbetween mothers and non-mothers, as well asbetween men and women. 161 Supporting existingnon-discrimination efforts, as well as defendingemployees against retaliation for sharing wageinformation or asking about employers wagepractices, are important components of a strategyto reduce pay inequality. 162

Women may face overt andsystematic discrimination at all stages of the work world.


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Enforcement and technical assistancebodies must be adequately funded. 182 InOregon, BOLI would likely take up theequivalent roles as the PEC in Ontario,

elding requests for enforcement,training, education, and other technicalassistance. BOLI would need to beadequately resourced to supportimplementation, training, enforcement(including BOLI-initiated audits),education/outreach, and employee

support through the complaint lodgingprocess.

Oregon has structures in place that could lendthemselves well to adoption of a similar payequity strategy as outlined here. Taking up suchlegislation could substantially advance efforts toreduce pay inequality in Oregon.

Increased Minimum WageMore than 60 percent of minimum wage workers

are women, disproportionately women ofcolor. 183,184 Increasing the wage oor would haveenormous positive bene t for this large pool ofworkers, and would be one key area to impactpay inequality. Though Oregons minimum wage,at $9.10/hour, 185 is the second highest in the U.S.,minimum wage workers in Oregon earn an annualpay of $18,928 186which is only about $500 belowthe federal poverty level for a family of three in2013.187 Oregon should continue to monitor

and adjust the minimum wage as it measures upagainst annual in ation (as currently mandatedby a 2002 ballot measure), and consider otherstrategies to provide a living wage for families thatdo not sustain them only on the brink of poverty.Raising the state minimum wage is a necessarystep towards fair pay for women, particularlywomen of color. 188

More than 60 percent ofminimum wage workers arewomen, disproportionatelywomen of color.


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CONCLUSION

Oregon can and should be a leadernationwide in efforts to reducepay inequality by identifyingand committing to a multi-faceted agenda of policiesand programs aimed atclosing the gender pay gap.

Despite Oregons leadership onpay equality, women in Oregon

still earn just 79 cents for everydollar that male workers are paidin the state. The disparity is more acutewhen comparing average incomes of whitemales with minorities, especially minoritywomen, affecting short-term earnings, long-termsavings, retirement bene ts, housing securityand educational opportunities.

Oregon can and should be a leader nationwide inefforts to reduce pay inequality by identifying andcommitting to a multi-faceted agenda of policiesand programs aimed at closing gender andrace-based pay gaps. Many recommendationsprovided here have been introduced on thenational stage, 183 but Oregon should not waitfor Congress to act. Our state can pioneermeaningful reform and implementation at thestate leveltaking the lead and issuing a callto action to others to follow suit. Taking cuesfrom other states and nations who have made itpossible for parents to combine work and family,with a comprehensive approach, Oregon couldexpect to see high returns in increased femaleemployment across sectors, more equitabledistribution of labor at home, better work-lifebalance for entire family systems, improved childhealth and well-being outcomes, and a narrowing

of gendered pay inequality in the immediate andlong-term trajectory for women.

Short- and long-term steps can help expandopportunity and fairness to more Oregonworkers and reduce the persistent disparityin wages and access to economic security.Targeted, measurable outreach to key sectorscan help foster partnership and adoption of bestpractices among leading Oregon companies andorganizations. In addition, public policy tools,customized for our states unique character, canhelp further transform Oregons workforce foran economy thats strong, equitable and fair. Noone public policy recommendation representsa panacea, but with concerted, focused andongoing attention, Oregon can lead the nationin ensuring equal economic opportunity, theoption to prioritize family, and the ability of everyOregonian to earn fair wages.

$=


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ENDNOTES

1 DeNavas-Walt, Proctor, & Smith, 2013

2 American Association of University Women, 2013a

3 U.S. Census Bureau, 2013

4 Id. Among health diagnosing and treating practitioners, womenaccount for 69.5% of job holders, male median earnings:$98,104, female median earnings: $62,603.

5 Hegewisch, Deitch, & Murphy, 2011

6 Ryu, 2010 7 Of ce of Institutional Research, 2012

8 The White House Of ce of the Press Secretary, 2012; EqualRights Advocates, 2013

9 Haveman & Beresford, 2012

10 U.S. Congress Joint Economic Committee, 2010.

11 Lovell, 2007

12 Correll, Benard, & Paik, 2007

13 Glynn, 2012b 14 Oregon Center for Public Policy, 2013

15 Silverstein & Sayre, 2009

16 Work of comparable value is typically de ned as work thatrequires the same level of skill, effort, responsibilities, workingconditions, duties, service, education, and/or experience. U.S.Equal Employment Opportunity Commission, 2002; Singh &Peng, 2010.

17 ORS 652.220

18 ORS 659A.030 et seq.

19 Oregon Commission for Women, 2013

20 452 U.S. 161 (1981)

21 Oregon protections include The Oregon Equal Pay Act, ORS652.220 and The Oregon Unlawful Discrimination in EmploymentAct, Public Accommodations and Real Property Transactions Act,ORS 659A.030 et seq. Federal protections include the Equal PayAct of 1963, 29 U.S.C. 206(d); the Lily Ledbetter Act of 2009, P.L.111-2, 123 Stat. 5; and Title VII of The Civil Rights Act of 1964, 42U.S.C. 2000e et seq.


23 Id.

24 DeNavas-Walt, Proctor, & Smith, 2013

25 U.S. Census Bureau, 2011a


27 Bertrand & Hallock, 2001

28 World Economic Forum, 2013

29 Catalyst, 2013

30 Boushey & Farrell, 2013

31 Glynn, 2012b32 Wang, Parker, & Taylor, 2013

33 Oregon Center for Public Policy, 2013


35 American Association of University Women, 2013b

36 Hegewisch, Deitch, & Murphy, 2011

37 Ryu, 2010

38 Id.; American Association of University Women, 2013a

39 Haveman & Beresford, 201240 U.S. Equal Employment Opportunity Commission, 2013

41 Id.; Boushey & Farrell, 2013

42 Boushey & Farrell, 2013; American Association of UniWomen, 2013a

43 U.S. Census Bureau, 2013.

44 Id. Male median earnings in this category of occupations$98,104, while females earnings were only 63.8% of thi$62,603.

45 Id.46 Id.

47 Id. Within building and grounds cleanup and maintenoccupations, the male median income is $20,228, while femmedian income is $11,049 (54% of males income); farmWithin shing and forestry occupations, male median incom$20,556, while female median income is $11,773 (57% of mincome).


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50 Smith, Choueti, Prescott, & Pieper, 2013

51 Of ce of Institutional Research, 2012

52 Of ce of Institutional Research, 2013

53 Id. (of total bachelors, masters, and doctoral degrees conferredin 2012-13)

54 Carnevale, Strohl, & Melton, 2011

55 Women hold only 24.4 percent of all computer, engineering andscience occupations in Oregon and 25.7 percent nationwide. U.S.Census Bureau, 2013

56 Drury, Siy, & Cheryan, 2011

57 Asgari, Dasgupta, & Stout, 2012

58 Id.; Smith, Choueti, Prescott, & Pieper, 2013

59 Id.; Haveman & Beresford, 2012


61 Blau & Kahn, 2007

62 Id.

63 U.S. Congress Joint Economic Committee, 2010

64 Lovell, 2007

65 Ray, Gornick, & Schmitt, 2010

66 Dupuy & Fernandez-Kranz, 2011

67 Id.; Correll, Benard, & Paik, 2007


69 Nelson, 2013

70 Id.

71 Id.

72 Id.

73 Asgari, Dasgupta, & Stout, 2012

74 National Public Radio, 2013

75 U.S. Census Bureau, 2013

76 Portland Public Schools, 2012

77 Dungca, 2012

78 Kaufman, 2013

79 Oregon Tradeswomen, Inc., 2013

80 Babcock & Laschever, 2003

81 Id.


83 Bowles, 2012

84 Bohnet & Bowles, 2008

85 Salary negotiation training programs for women should infoby, and rmly rooted in, the extant research literature detathe risks, bene ts, and context of negotiation for women entor already in the workplace. Several sources (cited above

available to guide the process of developing programs.86 Ganguli, Hausmann, & Viarengo, 2013

87 See, e.g., S.B. 84 (Paycheck Fairness Act: EstablishmentNational Award for Pay Equity in the Workplace)

88 A number of hiring and pay equality guides, handbookstoolkits for employers are widely available, includingresources below (see Bibliography for full citation): EquHuman Rights Commission, 2013; Maine Department of 2013; National Committee on Pay Equity, 2013; Thomas, 2

89 Sydell, 2013

90 Id.; American Association of University Women, 2013c91 Saari, 2013

92 It is recommended that salary adjustments be made in the of equalizing increases to the undervalued positions, not wdecreases for higher earning positions.

93 Minnesota Management and Budget, 2013

94 Ryu, 2010


96 U.S. Census Bureau, 2013; Bertrand & Hallock, 2001;

Economic Forum, 201397 Bohnet, van Geen, & Bazerman, 2012

98 Id.

99 The Families and Work Institute, 2013a

100 The Families and Work Institute, 2013b

101 Id., The Families and Work Institute, 2013a


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102 Children First for Oregon, 2013

103 Id.

104 Centers for Disease Control and Prevention, 2008

105 Centers for Disease Control and Prevention, 2003

106 Workplaces Respond to Domestic & Sexual Violence, 2013b

107 Bureau of Labor Statistics, 2006

108 Workplaces Respond to Domestic & Sexual Violence, 2013b

109 Ryu, 2010

110 Id.

111 World Economic Forum, 2013

112 Id.; Ganguli, Hausmann, & Viarengo, 2013

113 Id.

114 Oregon Bureau of Labor and Industries, 2011


116 Boushey & Glynn, 2012

117 Id.

118 Id; see also Han, Ruhm, & Waldfogel, 2009

119 Houser & Vartanian, 2012

120 Id.

121 Id.


123 Boushey & Glynn, 2012

124 Id.

125 Id.

126 Id.

127 Id.

128 California Employment Development Department, 2010129 Id.

130 Id.

131 Appelbaum & Milkman, 2011

132 Id.

133 Gornick, Hausmann, & Viarengo, 1998

134 Id.

135 Id.136 Id.

137 This data excludes the City of Portland, which implemesick days ordinance on January 1, 2014. More informatihttp://www.portlandonline.com/fritz/index.cfm?c=55242

138 Institute for Womens Policy Research, 2013

139 Id.

140 Legal Resource Group, 2008

141 D.C. Code 36-1314 (1981)

142 Cal. Lab. Code 230.8(a)(1) (West 2011).143 Legal Resource Group, 2008

144 Forum on Family and Child Statistics, 2013

145 Id.

146 Id.

147 The Families and Work Institute, 2013a

148 H.R. 4106, 2013 (Working Families and Flexibility Act)


150 Id.151 Id.

152 Boushey & Farrell, 2013

153 Organisation for Economic Co-operation and Developmen

154 Children First for Oregon, 2013

155 Child Care Aware, 2013

156 Id.; Children First for Oregon, 2013

157 Oregon Department of Human Services, 2013

158 Id.; Children First for Oregon, 2013159 Id.

160 Id.

161 Dupuy & Fernandez-Kranz, 2011

162 Id.; American Association of University Women, 2013c

163 S.B. 84 (Paycheck Fairness Act: Establishment of the N


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Award for Pay Equity in the Workplace)

164 This effort could be developed in concert with recommendationsin Section II of this report, related to the creation of Oregon stateawards for exemplary workplaces.

165 Id.

166 H.R. 438 (Fair Pay Act)

167 Id.

168 Id.; Singh & Peng, 2010

169 Also see Section Three: Employer incentives and workplace bestpractices. Legislation would expand upon public sector onlyapproaches detailed in that section.

170 R.S.O. Ch.P.7, 1990

171 Id.

172 Id.

173 Id.

174 Id.1

75 Id.

176 Id.; Singh & Peng, 2010

177 Id.

178 Id.

179 Id.

180 Id.

181 Id.

182 Id.

183 The White House Of ce of the Press Secretary, 2012


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American Association of University Women (2011). New voices in pay equity panel. Washington, D.C.American Association of University Women. (2013a). The Simple Truth about the Gender Pay Gap: Fall 2013

Edition. Washington, D.C. Retrieved from http://www.aauw.org/ les/2013/03/The-Simple-Truth-Fall-2013.pdf

American Association of University Women. (2013b). Graduating to a Pay Gap: The Earnings of Women and MenOne Year after College Graduation. Washington, D.C. Retrieved from http://www.aauw.org/ les/2013/02/graduating-to-a-pay-gap-the-earnings-of-women-and-men-one-year-after-college-graduation.pdf

American Association of University Women. (2013c). The Fight for Pay Equity: A Road Map. Washington, D.C.Retrieved from http://www.aauw.org/ les/2013/09/Road-Map-to-Pay-Equity.pdf

Appelbaum, E., & Milkman, R. (2011). Leaves that pay: Employer and worker experiences with paid family leave inCalifornia. Washington, D.C.: Center for Economic Policy and Research. Retrieved from http://www.cepr.net/documents/publications/paid-family-leave-1-2011.pdf

Asgari, S., Dasgupta, N., & Stout, J. (2012). When do countersterotypic ingroup members inspire versus de ate?The effect of successfull professional women on young womens leadership self-concent. Personality andSocial Psychology Bulletin, 38(8), 370-383.

Australia Post. (2012). Diversity and Inclusion: Australia Post Eqaul Employment Opportunity Report 2012.Retrieved from http://auspost.com.au/media/documents/eeo-report-2011-12.pdf

Babcock, L., & Laschever, S. (2003). Women Dont Ask: Negotiation and the Gender Divide. Princeton, N.J.:Princeton University Press.

Bertrand, M., & Hallock, K. (2001). The Gender Gap in Top Corporate Jobs. Industrial and LaborRelations Review, 55, 3-21. Retrieved from http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1013&context=hrpubs

Blau, F.D. & Kahn, L.M. (2007). The Gender Pay Gap: Have Women Gone as Far as They Can? Academy ofManagement Perspectives, 21(1), 723. Retrieved from http://www.stanford.edu/group/scspi/_media/pdf/key_issues/gender_research.pdf

Bohne

Documents

Pay Inequality in Oregon Report