Ledbetter A Victory, But Work Is Not Done

Fatima Goss Graves

The Lilly Ledbetter Act is a major victory for workers. But Congress must pass additional fair pay legislation, closing loopholes that currently prevent enforcement of equal pay laws.

Today President Obama signed the Lilly Ledbetter Fair Pay Act into law, reversing the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. The first substantive bill signed into law by the President, the Fair Pay Act restores the law that existed for decades, making clear that each discriminatory paycheck is a new act of discrimination that resets the 180-day limit to file pay discrimination claims. 

It is a victory for Ms. Ledbetter, who worked for nearly 20 years at a Goodyear plant in Gadsden, Alabama, the whole time making substantially less than her male co-workers. It is a victory for women – who still make only 78 cents for every dollar paid to men. And it is a victory for all workers, whose ability to fight pay discrimination on the basis of sex, race, national origin, disability, religion or age has now been restored. 

But as Lilly Ledbetter said today immediately after the President signed the bill, our work is not done. She committed to fight for the Paycheck Fairness Act, which would update the Equal Pay Act, closing loopholes that currently prevent effect enforcement of the law. The House passed the Paycheck Fairness Act in the first week of the new Congress. Now it’s the Senate’s turn to continue the fight for fair pay. 

Ms. Ledbetter will never see a dime of her lost wages, but she has committed to work to ensure that future generations of women are paid fairly for their work and that employers are properly held accountable for discrimination. As Ms. Ledbetter said today, we need to ensure that her daughters and granddaughters and our children and grandchildren get a better deal.  
For more details on the fight for fair pay, visit the National Women’s Law Center’s website.

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Commentary Human Rights

The Democratic National Convention Was a Remarkable Victory for Disabled People

s.e. smith

This year's convention included disabled people every evening, as part of a larger inclusive policy that made 2016 a banner year for disability rights activists.

Read more of our coverage of the Democratic National Convention here.

On Thursday night, Hillary Clinton formally accepted the Democratic Party’s nomination for president. Her speech included many of the elements one expects from a nominee, but there were some standout moments—like when she mentioned disability rights, which she did repeatedly.

Clinton integrated disability into her discussion of her record, talking about her work to ensure that disabled children have the right to go to school and bringing up the health-care needs of disabled youth. Her commentary reinforced the fact that she has always cared about disability issues, particularly in the context of children’s rights.

But she did more than that. She referenced shortages of mental health beds. She explicitly called out disability rights as necessary to defend. And at one point, she did not mention disability, which in itself was radical. When she outlined her plans for gun reform and clearly stated that she wanted to keep guns out of the hands of people who shouldn’t have them, she referenced people with criminal histories and terrorists, but not mentally ill people, who have been fighting a surge in stigma thanks to perennial (and wildly incorrect) assertions that mental illness causes violence. That omission was clearly deliberate, given the meticulous level of crafting that goes into writing one of the most important speeches of a presidential candidate’s career.

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The nominee’s speech would have been remarkable on its own, but what made it truly outstanding is that it was far from the first appearance of disability at this year’s Democratic National Convention (DNC). The convention included disabled people every evening as part of a larger inclusive policy that made 2016 a banner year for disability rights activists, who are used to being invisible. These kinds of appearances normalized disability, presenting it as a part of some people’s lives and a source of pride, not shame or misery.

On Monday, for example, disability rights activist Anastasia Somoza rolled out to give a sharp, compelling speech that didn’t cast disability in a tragic or exceptional light. She wasn’t the only wheelchair user to appear on the DNC stage—Paralympic athlete Mallory Weggemann led the pledge of allegiance on a different evening. Dynah Haubert, an attorney for Disability Rights Pennsylvania, took the stage on Tuesday. Nor were wheelchair users the only disabled people represented. Ryan Moore, a longtime friend of Clinton’s, spoke about health care and his experiences as a man with spondyloepiphyseal dysplasia congenital syndrome, a form of dwarfism. Connecticut Gov. Dannel Malloy talked about his learning disabilities. Musician Demi Lovato, who has bipolar disorder, took on mental health.

Former Iowa Democratic Sen. Tom Harkin, a nondisabled man who played an instrumental role in the push to pass the Americans with Disabilities Act (ADA) in 1990, taught the crowd sign language during a lively speech about the fight for disability rights on Tuesday, the 26th anniversary of the landmark legislation.

On Wednesday night, former Rep. Gabby Giffords (D-AZ) strode out onto the DNC stage in Philadelphia, smiling and waving at the crowd, to make a few short remarks. “Speaking is difficult for me,” she concluded, “but come January 2017 I want to say these two words: ‘Madam President.'” Her speech was about gun violence—a subject with which she’s intimately familiar after being shot in the head in 2011.

This level of representation is unprecedented. Some speakers, like Somoza, explicitly talked about disability rights, putting the subject in the spotlight in a way it’s never been at previous conventions. Others, like Giffords, came up on stage to talk about something else entirely—and happened to represent disability while they were at it. Similarly, Rep. Tammy Duckworth (D-IL), a decorated combat veteran and double amputee, talked about military policy.

This is a striking contrast from the treatment of disability at previous Democratic National Conventions: When disabled people have appeared, it’s often been in the form of a lackluster performance that objectifies disability, rather than celebrating it, as in 1996 when former actor Christopher Reeve framed disability as a medical tragedy.

Disability rights activists have spent decades fighting for this kind of representation. In 1992, two years after the passage of the ADA, the platform included just three mentions of disability. This year, the subject comes up in 36 instances, woven throughout the platform for an integrated approach to disability as a part of society, rather than as something that needs to be walled off into a tiny section of the platform, tokenized, and then dismissed.

In the intervening years, disabled people in the United States have fought for the enforcement of the ADA, and taken the right to independent living to court in 1999’s Olmsted v. L.C., which was namechecked in the 2000 platform and then forgotten. Disabled people advocated to have their rights in school codified with the Individuals with Disabilities Education Act (IDEA) in 2004, pushed for inclusion in 2010’s Affordable Care Act, and are fighting to pass the Community Choice Act and Disability Integration Act (DIA). Disability rights in the United States has come a long way since 1990’s infamous Capitol Crawl, in which disability rights activists dragged themselves up the steps of the U.S. Capitol, pleading with Congress to pass the ADA.

And as activists have pushed for progress in the courts and in Congress, disability rights have slowly become more prominent in the Democratic party platform. The ADA has been a consistent theme, appearing in every platform since 1992 alongside brief references to civil rights; historically, however, the focus has been on disability as a medical issue. The 1996 platform introduced Medicare, and health care in general, as issues important to the disability community, a refrain that was reiterated in years to come. In numerous years, Democrats addressed concerns about long-term care, in some cases positioning disabled people as objects of care rather than independent people. Disabled veterans have also played a recurring role in the platform’s discussion of military issues. But beyond these topics—again, often approached from a dehumanizing angle—and the occasional lip service to concerns about discrimination and equal rights, until the 2000s, education was the only really consistent disability issue.

In 2000, however, the Democrats went big, building on eight years under President Bill Clinton, and the influence of his then-first lady. For the first time, disability wasn’t simply lumped under “civil rights.” The platform explicitly called out the need for protection from disability hate crimes, but it also began to introduce the idea that there were other issues of relevance to the disability with a discussion of the digital divide and the obstacles that held disabled people back. Almost 30 years after the passage of the Rehabilitation Act of 1973, which barred disability discrimination by government agencies and contractors, the Democrats were starting to embrace issues like accessibility and independent living, which also played a prominent role in 2000.

It was a hint that the party was starting to think about disability issues in a serious way, especially when in 2008, the Democrats discussed the shameful delay on ratification of the United Nations’ Convention of the Rights of Persons with Disabilities, took on the Community Choice Act, talked about the need to enforce IDEA, and, again for the first time, explicitly addressed voting rights issues. By 2012, they were also calling out discriminatory voter ID laws and their disproportionate effect on the disabled community.

That’s tremendous, though incremental, progress.

And this week, the efforts of a generation of disability rights activists are on display everywhere in Philadelphia, where Daily News columnist Ronnie Polaneczky observed that accessibility is a top priority across the city. The DNC is providing expanded accessible seating, wheelchair charging stations, service dog relief areas, Braille materials, closed captioning, American Sign Language interpreters, medication refrigerators, and more. That’s radical inclusion at work, and the result of incredible efforts by disability rights organizers—including the 400 delegates who disclosed disabilities.

Those same organizers have been hounding the presidential candidates, holding them accountable on disability over and over again. They’ve brought up concerns about independent living, wage disparities, education, access to services, accessibility, hate crimes, reproductive rights, the “marriage penalty” and government benefits, and casual disablism in campaign rhetoric and practices. Advocates leaned on the Clinton campaign until it began captioning its content, for example. RespectAbility sent journalists out on the trail, #CriptheVote organized Twitter, and Rev Up encouraged people to register to vote and get involved. The disability community may be more explicitly politically active this year than ever before, and the DNC has been responding accordingly.

Clearly in consultation with disability rights activists, the Democrats have brought a host of new issues into this year’s platform, acknowledging that disabled people are part of U.S. society. Some of the many issues unique to this year’s platform include: abolition of the subminimum wage, concerns about economic opportunities with an explicitly intersectional discussion of the racial wealth gap, affordable housing, accessibility at the polls, the role of disability in the school-to-prison pipeline, and the need for more accurate Census data.

Notably, in a platform that has loudly called for a Hyde Amendment repeal and pushed for other abortion rights, the Democrats have also reinforced the need for access to reproductive health for disabled people, a revolutionary clause that’s gone virtually unnoticed.

This is a platform—and convention—of aggressive inclusion, and it reflects a victory for disabled people in the United States. It does still lack some components the disability community would like to see, like a shoutout to the DIA, which Clinton supports. This is, however, the start of what looks like a robust and real relationship between the Democrats and the disability rights community.

News Politics

Coalition Warns of Trump-Pence Ticket’s ‘Hateful’ Record

Ally Boguhn

“Let’s be clear, the Trump-Pence ticket is the gravest threat the LGBTQ community has ever faced in a presidential election,” said Chad Griffin, president of the Human Rights Campaign.

A coalition of leaders from reproductive rights, LGBTQ, labor, and Latino organizations joined together Friday to speak on the political and legislative records of presumptive Republican nominee Donald Trump and his newly announced running mate, Gov. Mike Pence (R-IN).

“Today Donald Trump doubled down on his hateful anti-LGBTQ agenda by choosing [as] a running mate … a man who has made attacking the rights and dignity of LGBT people a cornerstone of his political career,” said Chad Griffin, president of the Human Rights Campaign, during a press call hosted by the Hillary Clinton campaign. Speaking after news broke that Pence would join Trump’s ticket, Griffin outlined the many ways Pence had previously threatened the well-being of LGBTQ Americans, including voting against nondiscrimination efforts, signing a so-called religious freedom bill in the state, and opposing marriage equality

“Let’s be clear, the Trump-Pence ticket is the gravest threat the LGBTQ community has ever faced in a presidential election,” said Griffin.  

Ilyse Hogue, president of NARAL Pro-Choice America, said that Pence’s selection was “proof positive” that the presumptive Republican nominee was moving to surround himself with “extreme ideologues,” adding that Pence had a track record of enforcing much of the anti-choice rhetoric Trump has wielded during his run for president. 

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“Donald Trump has promised to defund Planned Parenthood. Mike Pence actually led multiple efforts to shut down the government just so he could defund Planned Parenthood,” said Hogue. “As governor, he slashed funding for reproductive health-care clinics like Planned Parenthood to such a degree that it resulted in a public health crisis, with an uptick in HIV infections in rural areas of Indiana.”

“Donald Trump said … that he would punish women who had abortions. Under Mike Pence’s watch as governor, Purvi Patel … has been sentenced to 20 years in prison for attempting a home abortion,” continued Hogue.

“We now have two men in the race who don’t seem to get that women are half the workforce, and breadwinners in their families” said Liz Shuler, the secretary-treasurer of workers’ rights organization the AFL-CIO, in response to Pence’s selection. Shuler explained that Pence had voted against equal pay efforts such as the Paycheck Fairness Act and the Lilly Ledbetter Fair Pay Act while in the U.S. House.

Pence also repealed Indiana’s construction wage law, which set a minimum wage for workers on public construction projects, “taking money directly out of the pockets of construction workers,” said Shuler. She compared Pence’s stance on labor issues to similar positions taken by Trump, who has previously claimed wages are “too high” and supports right-to-work laws, which as Rewire has previously reported, “have had negative effects on wages, income, and access to health care for people who work in states that have seen legislators attack collective bargaining.”

Martín Garcia, director of campaigns for the Latino Victory Project, worried about a Trump-Pence ticket’s impact on “Latinos across the country.” Garcia warned that Trump’s plan to deport 11 million people would “tear families and communities apart” and that his proposed border wall could “cost taxpayers millions of dollars.” He added that such policies would be in line with Pence’s rhetoric and policymaking.

During his time in Congress, Pence co-sponsored a measure which would have changed the rules on birthright citizenship, limiting it “to children born to at least one parent who is a citizen, immigrants living permanently in the U.S., or non-citizens performing active service in the U.S. Armed Forces,” according to ABC’s Indianapolis affiliate RTV6.