Lilly Ledbetter pay discrimination bill
While the U.S. is losing thousands of jobs every day, it might seem odd that Congress is making it tougher for companies to hire people in the U.S. This New York Times story covers the fact that it will now be possible for someone to sue a company 20 or 30 years after they were hired, on the grounds that the person who hired them (who may be dead by the this time, and thus unavailable to testify) paid them less money than a person of another sex or a difference race. If you’re an employer, how do you budget for this liability? How do you account for it in your pension fund, given that once 20 years of pay are adjusted the pension fund will need to be beefed up to pay out a higher pension based on the revised salary. It sounds at first as though we’re rearranging the deck chairs on the Titanic. In a nation where everyone is unemployed we’re going to argue about how much people should have been paid back in 1979 when they had jobs. (Only from the perspective of 2009 does 1979 look like it might have been a good year for the economy!)
The effect on young people would appear to be especially pernicious. The people who have the best chance of arguing that they were discriminated against are in their 50s and 60s (Lilly Ledbetter, the plaintiff for whom the bill is named, was hired by Goodyear in 1979 and retired in 1998). As the U.S. economy shrinks, the pool of available money to pay wages shrinks. If more of the money is given to oldsters and their attorneys, less money will be available to 22-year-olds starting their careers.
An economist would tell you that pay discrimination laws aren’t necessary in a free market. A company that was underpaying women, for example, would find that its skilled women had quit to work for a competitor. If women in all sectors of the economy were underpaid, a company could make tremendous profits with little risk simply by hiring an all-female workforce and entering markets where most firms had a mixed or all-male workforce.
Perhaps Congress is smarter than it would be appear at first glance. Employers who aren’t subject to the market can do whatever they want and many of the most egregious cases of pay discrimination have been at monopolies such as the old telephone company and at government agencies. Looking at where the jobs are right now and where we are going, the U.S. is no longer a market economy. By the time we’re done with layoffs and stimulus, at least 40 percent of the economy will be government (federal, state, local). 16 percent of the economy is health care (overlaps with the preceding 40 percent), which does not behave according to the free market, and something like 7 percent is Wall Street, recently nationalized in all but name (and upside). A school district can pay its workers whatever it wants to and however it wants to; parents have no choice but to continue to pay property taxes and send their children to the local school. A hospital can pay doctors more or nurses less and still get its Medicare and Medicaid funds. A Wall Street firm can hand out bonuses to the (mostly male?) managers who drove it into insolvency because there are always more TARP funds available.
A 22-year-old who is lucky enough to find a job in the land of his or her birth will most likely find it in the non-market portion of the U.S. economy. If present trends continue, a child born today who remains in the U.S. is virtually certain to work for the government, in government-sponsored health care, or at a government-guaranteed financial firm. Thus the new bill may not be as simple as the “old folks and plaintiff’s lawyers continue to grab everything that isn’t nailed down”.
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