a challenge to congress

8/9/2019 A Challenge to Congress

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1 Center for American Progress | A Challenge to Congress

A Challenge to Congress

By Jocelyn Frye, Milia B. Fisher, and Donna Barry March 11, 2015

January marked he beginning o a new Congress, and wih i came a new opporuniy

o respond o he challenges acing American women and heir amilies. In ac, in he

recen miderm elecion campaigns, many candidaes ook grea pains o presen hem-

selves as srong on women’s issues, even when heir records old a differen sory. While

voers look o lawmakers o ollow hrough on campaign promises and o make progressand find soluions, lawmakers’ campaign rheoric oo ofen bears litle resemblance o

realiy. Voers hereore need o look beyond words and evaluae acionor inacion

o hold legislaors accounable.

Tese recen effors by poliicians o pain hemselves as srong on women’s issues

are perhaps parly in response o high-profile ailures in he 2012 elecion cycle.1

Candidaes’ exreme commens and narrow, uninormed views abou women and abou

deeply personal concerns such as rape and reproducive healh care alienaed many vo-

ers in 2012 and derailed more han one candidae’s aspiraions. Tus, we saw a change

in approach in 2014, wih many candidaes’ alking poins seemingly ocused inseadon appearing responsive o he issues ha women consisenly say mater o hem mos,

including equal pay, workplace flexibiliy, and qualiy healh care services.2

Despie 2014’s supporive campaign rheoric, he firs es or his Congress and is new

leadership has come and gone, and he early resuls were no promising. In January and

February, virually none o he incoming majoriy’s acions resuled in moving orward

on or considering any o hese key economic and healh prioriies or women in an effec-

ive or a comprehensive way. Insead, he women’s issues opping he majoriy’s apparen

o-do lis were mosly abou consraining a woman’s access o reproducive healh care,

paricularly aborion servicesa requen and amiliar arge. Te breadh and deph o

issues acing women and heir amiliessuch as earning air wages, finding affordable

child care, locaing he righ docor, obaining a predicable work schedule, and being

able o ake ime off o care or an aging paren or a sick childwere noiceably absen

rom he incoming leadership’s opening agenda.


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Tis issue brie ocuses on he concree seps lawmakers can ake o move beyond he

rheoric and oward acion o address he challenges acing women and o pursue he

policy soluions needed o improve he lives o women and amilies. I deails our areas

criical o women’s successequal pay, work-amily suppors, early childhood and child

care programs, and women’s healhall issues ha a significan number o lawmak-

ers claimed as prioriies during heir campaigns. Tese issues are no merely “women’s

issues.” Raher, because women provide care and suppor o heir amilies a all sages olie, hese issues affec overall amily sabiliy and economic securiy.

Given hese and myriad oher responsibiliies, women are looking o Congress o

provide bold approaches and sraegies ha can decisively address he challenges hey

acesoluions ha are rooed in he core American values o airness, hard work, and an

equal opporuniy o succeed. Tese mus be soluionsno jus rheoricand should

include: expanded access o paid leave and paid sick days; greaer pay ransparency and

more opporuniies in higher-paying jobs; flexible work arrangemens and scheduling

predicabiliy; affordable child care and greaer invesmen in early learning programs;

paien proecions o ensure confidenial discussions wih healh care proessionals wih-ou ouside inererence; and improved overall qualiy o jobs. Tese are only some o he

acions ha lawmakers should explore o make a genuine difference in women’s lives.

Strengthening equal pay protections

Women consisenly ideniy equal pay as a op prioriy.3 Te need o be paid airly

or equal work is criical, no simply or reasons o airness or personal ulfillmen bu

also because women are playing an increasingly cenral role in heir amilies’ economic

securiy. More han 6 in 10 women are he primary, sole, or co-breadwinners or heiramilies, and heir conribuions are essenial o make ends mee.4 Bu women, espe-

cially women o color, disproporionaely work in lower-paying jobs, many o which pay

a or near he ederal minimum-wage level. Te recen debaes in Congress abou equal

pay, however, have largely devolved ino a rigidly parisan war o words ha includes oo

litle subsanive discussion abou why equal pay maters in he real world.

Amanda McMillan worked as an office manager, handling sales and managing accouns

or a company in Mississippi.5 As par o her job, she requenly saw personnel records,

and she learned, much o her surprise, ha she was making significanly less money

han her male counerpars in he exernal sales posiions. She asked wheher she could

apply or one o he exernal sales jobswhich involved exacly he same duies bu

was perormed on he road raher han rom a deskbu was old ha he job was no

appropriae or a woman. Afer repeaedly being denied he opporuniy o apply or

he higher-paying job, she filed a complain wih he Equal Employmen Opporuniy

Commission. An invesigaion laer confirmed ha she had been subjeced o illegal pay

discriminaion, and her company evenually agreed o a moneary setlemen.


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Tis sory is illusraive o he challenges ha many womenand menace when hey

conron pay discriminaion. Inormaion abou pay is ofen closely held or kep confi-

denial, making i hard or employees o uncover he ac ha a pay dispariy exiss or o

deermine he reason or ha dispariy. Addiionally, many offices have a workplace cul-

ureand, in some cases, an explici policyha prevens employees rom discussing

heir pay a work. Even when a pay difference is discovered, i is difficul or employees

o navigae he legal process o hold heir employer accounable.

Tere are concree acions ha Congress can ake o make a real difference in fighing

he culure o secrecy ha allows gender-pay dispariies o persis. No one should be

allowed o creae a workplace culure o ear or decepion ha shields discriminaion or

prevens i rom coming o ligh. Nor should an employer be able o insiue rules ha

effecively operae as barriers o challenging discriminaory pracices. Congress should

make i clear ha an employer canno realiae agains, penalize, or dismiss a worker

who discusses his or her pay wih colleagues. Given ha, by some esimaions, as many

as 51 percen o all workers are employed in workplaces where discussing wages and sal-

ary is eiher discouraged or prohibied,6

his acion could go a long way oward greaerpay ransparency and creaing a more open work environmen.

Furhermore, a he hear o combaing pay discriminaion is ensuring vigorous

enorcemen o exising laws, including he Equal Pay Ac o 1963.7 Tis law requires

ha men and women in he same workplace receive equal pay or equal work.

Enorcemen agencies charged wih upholding he mos basic legal saeguards agains

pay discriminaion should have every ool a heir disposal o invesigae and chal-

lenge discriminaory conduc so ha hey can maximize heir capaciy o deer and

eliminae illegal aciviies. o suppor his work, lawmakers should require he col-

lecion o pay daa rom employers; hese daa could be used by enorcemen officialso aid in he deerminaion o where o arge heir enorcemen effors. Because

companies already mainain pay daa, his policy could be shaped o impose minimal

financial and logisical burdens on employers.

Congress also should be exploring ways o srenghen he Equal Pay Ac. I has been

difficul o achieve he goals o he law while holding employers accounable or

pay dispariies because o how some cours have inerpreed is requiremens. For

example, paricular cours have allowed employers o jusiy pay dispariies or almos

any reason, as long as he reason is no explicily based on sex.8 As a resul, reasons

compleely unrelaed o a specific job or an applican’s acual qualificaionssuch as

an applican’s prior salarycould be used o replicae and reinorce unair pay differ-

ences ha sem rom enrenched biases abou he value o women’s work. Lawmakers

should ake seps o close his loophole and o make clear ha employers should have

a credible reason relaed o heir business, he job in quesion, or an applican’s quali-

ficaions when hey make pay decisions.


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In addiion o challenging discriminaory pay pracices, Congress should join a grow-

ing number o saes across he counry and ake acion a he ederal level o raise he

minimum wage. Such acion would paricularly help womenwho are more likely o be

minimum-wage workersprovide much-needed suppor or heir amilies.

Securing equal pay or women and men requires commimeno enorcemen, o

promoing airness and ransparency in pay pracices, and o eliminaing obsacles hacould hwar he abiliy o women and men o enjoy he ull promise o he Equal Pay

Ac’s proecions. Lawmakers can play a vial role in advancing hese objecives hrough

concree seps ha demonsrae sincere suppor or equal pay.

Pursuing solutions to resolve work-family

conflicts and to strengthen families

Families o all races, ehniciies, and income levels sruggle wih he compeing demands

o work and daily lierom figuring ou caregiving arrangemens when a child is sick,o being able o ake a paren o a docor’s appoinmen, finding an affordable child care

provider, adjusing work schedules around child care pickups, dealing wih personal

illness, and more. Alhough increasingly, boh men and women are grappling wih hese

issues, women ofen are sill expeced o ake on much o he responsibiliy o naviga-

ing hese challenges wihin heir amilies. Te naion needs responsive soluions ha are

workable or real amiliessoluions ha enable women and men o ulfill heir work

obligaions and o ensure heir amilies are cared or wihou puting heir economic

sabiliy a risk. Tis is paricularly criical or low-income amilies and amilies o color,

who are boh less likely o have access o work-amily policies hrough heir employers.9

Providing greaer access o paid leave in he orm o paid sick days and paid amily leave

is one sraegy ha an increasing number o saes and ciies are pursuing o respond o

hese challenges.10 Paid leave can address several equally imporan caregiving, work-

place, and economic objecives. I enables women and men o ge he care hey need

or heir amilies or or hemselves, gives employers a manageable way o accommodae

employees’ work-amily demands, and provides amilies a level o income suppor

ha ensures hey are no pushed ino economic ruin when lie evens inerrup work.

In addiion, paid leave has been proven o enhance reenion, produciviy, and office

morale.11 Tere are imporan acions ha Congress could ake a he ederal level o

suppor and complemen curren sae and local effors.

Expanding access to paid sick days to promote healthy families

Boh employers and employees can benefi rom he adopion o workplace policies ha

provide workers wih a minimum number o paid sick days per year. Makini Howellhe

execuive che and owner o Plum Resaurans, a amily-owned small business in Seatle

ha has approximaely 50 employees, argues ha he coss o providing paid sick days


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are a small burden given he increased employee loyaly, reduced urnover, and good

sanding wihin he communiy.12 In her words, “Te benefi, he longeviy, he employee

reenion, is priceless in he end.” Howell makes clear ha her company’s paid sick policy

osers a culure o posiiviy and produciviy, and he muual undersanding ha amily

maters.13 A he Whie House Summi on Working Families las June, Howell said, “As a

emale business owner o color, I bring my enire sel o my business and ha means how

I rea my workers. … We are able o grow our business because we creae a lo o good will which goes direcly o our botom line.”14 In 2011, Howell worked wih Te Main

Sree Alliance, a sae and local small-business coaliion, o pass Seatle’s paid sick days

law, which allows employees o accrue up o five paid sick days per year.15

Paid sick days policies offer a pracical soluion o help employers and employees deal

wih ineviable healh challenges in a way ha can uel beter healh oucomes, more

economic sabiliy, and greaer produciviy. Ye despie hese benefis, more han 40

million workers are unable o ake a single day off o recover rom an illness or o care or

a sick child or amily member because heir employers provide no paid sick days.16 Low-

income women are among he leas likely o have access o paid sick days.17

In ac, while82 percen o emale workers in he op quinile o he income bracke have access o

paid sick days, only 14 percen o hose in he lowes income bracke are eniled o he

same benefis.18 Alhough here is growing ineres in paid sick days across he counry,

as o February 2015, only 3 saes and 17 ciies currenly guaranee sick workers he abil-

iy o earn paid ime off.19 A recen sudy ound ha among 22 advanced economies, he

Unied Saes is he only counry ha does no guaranee is workers access o paid sick

days or longer-erm medical leave a he naional level.20

No sick employees should have no opion bu o go o workpoenially growing sicker

and spreading illness among ohers. Nor should hey have o worry abou poeniallylosing heir job or days o pay i hey say home when sick. Likewise, no one should

be orced o choose beween losing a day o payor a joband leaving a sick child

or recovering paren home alone. Congress could help by seting a baseline, uniorm,

naional sandard o a minimum number o hours o paid leave ha employees could

earn and use or medical purposes. Such sick days could be used o recover rom an

illness; access prevenive healh care; care or a sick amily member; or address he

afermah o sexual violence, salking, or domesic violence. A uniorm rule would

give workers a level playing field and make clear ha paid sick days should no jus be

reserved or he mos privileged, highly paid employees. I also would esablish a basic

sandard across all jurisdicions ha employers could rely on, raher han he pachwork

o policies ha currenly exiss.


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Expanding access to paid family and medical leave to support caregiving

Mos amilies a some poin will grapple wih evens ha require care or caregiving

suppor over a longer period o ime, such as he birh or adopion o a child or recov-

ery rom a serious medical procedure. When Jason and Krisi Bukowski o New Jersey

learned ha heir win girls would be born wo-and-a-hal monhs beore heir due dae,

hey were in a sae o shock.21 Babies born premaurely can require monhs o specialcare, and neiher paren had any plans o exi he labor orce. Afer he Bukowskis’

docor old hem ha he babies would no be healhy enough o atend day care or

six monhs afer birh, he couple relied on New Jersey’s paid amily and medical leave

insurance program o receive income suppor while using heir medical leave. o make

i o he six-monh mark, he couple firs relied on Krisi’s paid leave allomen, hen

Jason’s. “Paid Family Leave, a is core, is abou respec or working amiliesworking

moms and dads caring or a newborn child or children, working sons and daughers car-

ing or an ill paren, working husbands and wives caring or an ill spouse or parner… i’s

he righ hing o do,” Jason blogged recenly or he U.S. Deparmen o Labor. 22

Wihou he New Jersey paid amily and medical leave program, he Bukowskis would

probably have been ou o luck. Only 12 percen o privae-secor workers in he Unied

Saes have access o paid amily leave hrough heir employers, and ewer han 40

percen have access o medical leave hrough job-provided shor-erm disabiliy insur-

ance.23 Te Unied Saes is one o only wo counries in he world ha does no provide

paid maerniy leave or women who need ime off o recover and care or a new baby

afer giving birh.24 Furhermore, access o paid amily leave in he Unied Saes differs

sharply by income bracke, wih he highes-paid workers having much greaer access o

such leave han he lowes-paid workers.25

Te Family and Medical Leave Ac o 199326 is he only law a he naional level ha

offers amily and medical leave o eligible workers. Te law provides or up o 12

weeks o unpaid, job-proeced leave, bu under is eligibiliy requiremens, almos

hal o all U.S. workers are no covered.27 Unless a worker lives in one o he hree

saes28 ha have a paid amily and medical leave program, here is a good chance ha

she or he will be orced o choose beween bringing home a paycheck and geting

and/or providing much-needed care.

A naional paid amily and medical leave insurance program is a soluion ha would

make an enormous difference, no only or employees bu or employers as well. Access

o paid amily and medical leave has been shown o grealy improve women’s abiliy o

remain in he workorce, and companies have seen dramaic improvemens in reenion

o emale employees afer adoping expanded paid leave policies.29 For example, Google

repored ha he atriion rae o is emale employees afer giving birh decreased by 50

percen afer he company increased he maerniy leave i offered rom hree monhs o

five monhs and made i ully paid.30 Similarly, Erns & Young LLP ound ha i was able

o nearly close is gender reenion gap afer implemening workplace flexibiliy policies,

including a robus paid amily and medical leave program.31


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Congress should be a leader and ake seps o provide broader access o paid amily and

medical leave o cover all workers so ha boh women and men are beter able o mee

he needs o heir amilies and coninue o be producive workers. An effecive program

would be comprehensive and cover a diverse range o needs or a sufficien lengh o

ime; offer he same proecions or all amilies, including adopive amilies and nonra-

diional amilies; provide enough income so ha leave-aking is affordable; and ensure

ha workers could ake leave wihou risking negaive consequences on he job.

Pursuing workable paid leave programs such as paid sick days and paid amily and

medical leave should be a op prioriy or Congress because such sraegies respond

precisely o he muliaceed dilemmas amilies ofen ace. Paid leave helps ensure

ha amilies can ge much-needed care, say conneced o he workorce, and remain

economically sable. Narrower, alernaive approaches ha do no address hese

hree disinc needs, or ha orce amilies o choose beween having care and saying

economically afloa, are incomplee nonsoluions ha may make maters worse or

amilies. For example, allowing employees o work exra hours and use hose hours

laer or leave in lieu o paya pracice ofen called compensaory ime or “compime”could cause economic hardships. Te realiy is ha mos workers are already

sreched or ime and money. elling hem ha he only way hey can have access o

leave is o spend more ime working wihou geting paid is no financially easible or

many amilies. Nor does i provide cerainy ha he ime will be approved when hey

need i. Lawmakers should be pursuing comprehensive soluions ha resolve, raher

han exacerbae, he diverse challenges ha amilies ace.

Providing greater scheduling predictability and workplace flexibility

For many workers, scheduling predicabiliy and work flexibiliy are essenial o keeping

heir lives on rack. Kay Tompson has worked in New York Ciy a he Macy ’s flagship

sore in Herald Square or almos 20 years, and having a predicable, reliable schedule

has been cenral o her success a work and a home.32 Tompson’s sore gives her a ull-

ime schedule wih predicable hours ha enables her o earn income and accommodae

he needs o her our daughers. She can choose her days off six monhs in advance

and shape her work schedule so ha she has ime o spend wih her children and he

flexibiliy o ake one daugher o a specialis or her ashma.33 Even during he busy

holiday season, she receives her schedule a leas hree weeks in advance, which allows

her o rearrange her hours. She credis his flexible and predicable scheduling as one o

he reasons she has remained a Macy’s or so long.34 A he Whie House Summi on

Working Families, she old he audience, “W hile I am graeul or my work siuaion, I

wan all reail workers o experience a susainable working environmen where amily

riendly workplace scheduling is a prioriy or all companies.”35


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Tompson is very orunae because her job offers a degree o flexibiliy and reliabiliy

ha many hourly and shif workers do no have. Virually all workers have compeing

lie demands ha someimes clash wih unpredicable or inconsisen work schedules

or oher unexpeced work obligaions. Ye many U.S. workers have oo litle flexibiliy

in when and where hey work. Some are subjec o “jus-in-ime”36 scheduling pracices

ha can require workers o arrive or o go home in he middle o a shif wihou advance

noice. Tese problems are paricularly acue or hourly workers and workers o color, who are boh more likely o experience hese pracices han oher workers.37 When

workers lack predicabiliy or flexibiliy in heir schedules, caregiversofen women

and moherscan find hemselves in unenable siuaions ha impair heir abiliy o ge

o work and o ensure ha heir amilies are sae and have he care hey need.

Tere is acion Congress can ake o promoe greaer workplace flexibiliy and more pre-

dicable, air scheduling pracices. Exending o employees he righ o reques a flexible

work arrangemen is a sraegy ha has been used a he sae level o offer employees an

opporuniy o, a he very leas, have a conversaion wih heir employer abou poenial

opions or creaing more flexibiliy.38

Even i employees are no guaraneed a specificoucome, such a proposal can encourage a discussion ha helps oser greaer ranspar-

ency and responsiveness o employee and employer needs. Furhermore, Congress

can ake seps o limi disrupive, inefficien, or unpredicable scheduling pracices.

Requiring employers o provide advance noice o scheduling changes wihin a cerain

ime period and ensuring ha employees are appropriaely compensaed when hey are

called in or workeven i he shif ends earlyare boh acions Congress could pursue

o creae more consisency in scheduling pracices.

Building a system of quality, affordable child care

Te majoriy o parens wih young children are working. Among children under age 6,

65 percen have eiher a single working paren or wo employed parens. 39 As a resul, he

need or affordable, qualiy child care is greaer han ever. When Shawna Jones became

a moher a age 17, she sruggled wih how and where o find reliable and affordable care

or her children while she worked and atended classes o earn an associae’s degree. 40 She

knew she would no be able o pay or child care services ou o pocke and sill balance her

finances. Alhough she knew ha compleing her educaion would help her provide or her

amily, she doubed wheher she would be able o graduae unless she ound a sae place

or her children while she was a work or in school. Forunaely, Jones received a child

care subsidy and was able o find a high-qualiy child care program or her hree children,

making copaymens or his service based on her income. Jones is now working oward her

bachelor’s degree, graeul or he abiliy o pursue her goals and simulaneously provide

or her children. She no longer needs a child care subsidy because she can afford o pay or

child care on her own. “[Having affordable child care] helped me be responsible, balance

my finances, [and] provide or my amily,” she old an audience during a Sepember 2014

even on women’s economic securiy a he Cener or American Progress.


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Jones was lucky o find a child care subsidy ha allowed her o afford a qualiy program.

Jus one in six eligible amilies receive a child care subsidy, and in 2012, nearly hal o all

saes had waiing liss or needed o reeze inake o accoun or he mismach in unding

and people eligible.41 Even when amilies receive a child care subsidy, i is ofen oo low

o allow hem o afford high-qualiy child care. Te average child care subsidy only cov-

ers 60 percen o 70 percen o he average cos o a child care cener or amily child care

home. Head Sar, a program designed o prepare poor children or school and o pro-moe amily economic securiy, serves only hal o all eligible preschool children and less

han 5 percen o eligible inans and oddlers. Te program also ypically operaes on an

academic schedule ha does no cover a ull working day or he summer monhs.42

Lack o public unding leaves many amilies sruggling o find a child care soluion on

heir owna ask ha is nearly impossible or low-income and middle-class amilies. Te

average cos or wo children in cener-based care exceeds median rens in every sae and

exceeds housing coss or homeowners wih a morgage in 23 saes and he Disric o

Columbia.43 In many cases, he cos o child care even compares o or exceeds ha o col-

lege uiion. In 2013, he average annual cos or an inan in cener-based care was higherhan a year’s uiion and ees a a our-year public college in 31 saes and he Disric o

Columbia.44 When amilies canno find affordable child care, parens have ew opions and

may leave he workorce alogeher or use unregulaedand ofen unsaechild care.

In order o make child care more affordable or all low-income and middle-class amilies,

Congress should pursue subsanial invesmens in child care and early learning programs.

Passing legislaion o expand preschool o serve all 3- and 4-year olds is a criical firs

sep. Congress mus also work o overhaul he exising ederal child care unding sysem

o provide access o high-qualiy, affordable child care or low-income and middle-class

amilies. Tis means grealy expanding resources o serve more amilies and increasing heassisance levels o pay or qualiy programs. Finally, Congress should expand Early Head

Sar access or children ages 0 o 3 o give greaer numbers o low-income amilies access

o high-qualiy, affordable early learning programs.45 All o hese measures would help

amilies secure he care hey need wihou impairing heir economic sabiliy and would

ensure ha heir children have he bes chance o sar lie on an even playing field.

Ensuring women’s access to health care

Women’s abiliy o ake charge o heir own healh, find qualiy and affordable care, and

consul wih healh proessionals confidenially o make inormed healh decisions is cri-

ical. oo ofen, however, women’s access o healh careespecially reproducive healh

carehas been reaed more like ideological ooball han like an essenial cornersone

o women’s overall well-being. Wha should mater mos is gaining a real undersanding

o he healh challenges women ace and ideniying concree soluions ha can help

women lead healhier lives. Consider he sory o Yvonne Jones.46 In 2014, she was in a

Philadelphia emergency room wih no healh insurance and no way o pay or he surgery

she needed. Sudden pain had aken her o he hospial, and she was diagnosed wih a


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lie-hreaening deep vein hrombosis due o an enlarged fibroid. Afer learning she was

ineligible or Medicaid, Jones urned o he healh care markeplace, where she signed up

or an affordable insurance plan. Her new insurance paid or he surgery and reamen

ha saved her lie, and i now enables her o receive qualiy healh care.

Having consisen, affordable, and comprehensive access o care is vial or women

and is a he hear o he Affordable Care Ac, or ACA. Beore he passage o he ACA, women were ofen charged 150 percen more or he same insurance as men, render-

ing coverage unaffordable or many.47 Under he ACA, insurance companies are now

prohibied rom engaging in his ype o gender discriminaion, which is criical o

ensuring ha women can access he healh services hey need.48 Key prevenive services,

including breas and cervical cancer screening, are covered wihou any cos sharing

such as copaymens and deducibles.49 All orms o conracepion approved by he Food

and Drug Adminisraion are covered wihou cos sharing. As a resul, women in 2013

saved more han $483 million on oral conracepives.50

In he wake o he ACA’s enacmen, however, here have been persisen atacks a helegislaive and judicial levels ha hreaen o undo is criical proecions. In June 2014,

he U.S. Supreme Cour ruled, in Burwell v. Hobby Lobby Stores, Inc. , ha cerain or-

profi corporaions could op ou o covering some or all conracepives in heir employ-

ees’ insurance on religious grounds.51 Ta ruling has been invoked by several addiional

or-profi eniies o deny coverage o cerain conracepives. Unil he Obama admin-

israion issues a final rule o provide alernaive coverage opions or conracepives in

siuaions where a company’s owners reuse o include such coverage in heir insurance

plans, women who work or hese or-profi companies will have resriced conracepive

choices. Te Cour’s decision means ha women’s access o imporan healh benefis

such as conracepion can be undermined based on someone else’s religious preerences.Tis ruling is an enormous sep backward or women. Bu here are seps Congress can,

and should, ake o address he religious reedom concerns posed by Hobby Lobby. I

can amend he Religious Freedom Resoraion Ac o 199352 o ensure ha no person’s

religious pracice imposes harm on a hird pary.53

Alernaive proposals ha ignore he problems creaed by Hobby Lobby may be litle more

han an empy gesure. During he miderm elecions, many candidaes ried o presen

hemselves as commited o deending women’s healh, paricularly access o conracep-

ion. Some candidaes known or opposing access o many reproducive healh services

hasily pu orward proposals o make monhly oral conracepives available over he

couner, or OC, apparenly o show ha hey suppored improving access o conracep-

ion.54 Bu he OC approach oversimplifies he real cos and access problems creaed

by he Cour’s ruling. While OC oral conracepives may be available in he uure,

copaymens or oral conracepives have been one o he main barriers o consisen pill

usage in he pas. Simply making monhly oral conracepives available OC would raise

concerns abou shifing coss, once again, rom insurers o individual women. Beore

coverage under he ACA, a visi o a clinician o ge a prescripion or oral conracepives

cos $35 o $250, and he pills hemselves cos $180 o $960 per year.55


11/14


o dae, no pharmaceuical company has received OC approval or monhly oral

conracepives, which would be required beore any legislaion could be enaced.

Tereore, rom he perspecive o he adminisraive process, he monhly OC opion

is unlikely o be available or several years. Moreover, some o he mos effecive orms

o conracepionincluding inrauerine devices, or IUDs, and implansare he mos

expensive and would no be available OC because hey require visis o clinicians or

inserion and ollow-up care.

Bu Congress does have an imporan role o play in securing proecions or women o

ensure ha hey can access he healh care services hey need. Insead o pursuing effors

o undo he ACA’s proecions o reinsae cos sharing or prevenive services and he

abiliy o insurance companies o charge women higher premiums,56 Congress should

proec access o conracepion and oher prevenive services wihou cos sharing so

ha all women can afford he mehod bes suied or hem.

Tis pas elecion season also saw many candidaes ry o downplay heir records o oppo-

siion o women’s aborion access o ease concerns ha hey would push or urher resric-ions in he uure, such as “personhood” measures ha would ban aborion in all cases. 57

Some o hese candidaes are now lawmakers in Congress, and hey mus be measured

by heir acions, no heir campaign promises. Te new congressional leadership has no

aken any seps o ensure access o comprehensive women’s healh care, including conra-

cepion, which is suppored by he vas majoriy o Americans. In conras, since he sar

o he 114h Congress in January, members in boh houses have inroduced more han 20

bills o resric aborion and erode exising healh proecions or women.58 Currenly and

in mos cases, ederal unding can only be used o pay or aborions in cases o rape, inces,

or lie endangermen.59 Congress should no urher resric access o aborion care in pub-

lic or privae insurance coverage bu should insead lif resricions so ha all womenincluding hose who are veerans or serving in he miliary or are covered by Medicaid

insurancehave equal access o a ull range o reproducive healh care opions.

Conclusion

Afer he campaigns end and he elecions are decided, he real work begins. I he 2014

campaigns are any guide, much o he rheoric we will hear hroughou he coming

congressional session will ou how well lawmakers can address women’s needs. In his

highly charged, parisan climae, wha can ge los are he real experiences and everyday

sruggles acing women and heir amilies.

Women and men expec lawmakers in Congress o work ogeher o pursue policies ha

can improve he lives o working amilies across he counry. Success should be measured

no by rheoric or poll-esed slogans bu by concree acions and, ulimaely, by resuls

ha respond o he challenges acing women and heir amilies. Tere are policy soluions


12/14


ha can make a real differencerom ensuring air pay pracices, o easing work-amily

conflics, increasing he availabiliy o high-qualiy child care, improving women’s access

o healh care, and more. Lawmakers have an imporan role o play in moving rom

promises o progress o help hese soluions become realiy. I is ime o see i he new

Congress is up o he challenge.

Jocelyn Frye is a Senior Fellow at the Center for American Progress. Milia B. Fisher is aResearch Associate with the Women’s Initiative at the Center. Donna Barry is the Director of

the Women’s Health and Rights Program at the Center.


13/14


Endnotes

1 Eugene Robinson, “Todd Akin comment brings ‘war onwomen’ back to prominence,” The Washington Post , August20, 2012, available at http://www.washingtonpost.com/opinions/eugene-robinson-todd-akin-comment-brings-war-on-women-back-to-prominence/2012/08/20/c4570fae-eafd-11e1-9ddc-340d5efb1e9c_story.html.

2 Brigham and Women’s Hospital, “Majority of Voters Believethat ‘the Health of Women’ Should be a High Priority for

Policymakers,” Press release, January 20, 2015, available athttp://www.brighamandwomens.org/about_bwh/publicaf-fairs/news/pressreleases/PressRelease.aspx?PageID=1980;Diane Feldman and Lisa Grove, “Focus Groups and Pollingon the State of American Women” (Washington: AmericanWomen, The Feldman Group Inc., and Anzalone Liszt GroveResearch, 2013), available at http://www.americanwomen.org/research/document/Public-Memo-American-Women-Focus-Groups-and-Polling-1.pdf ; Gallup, “Americans SayEqual Pay Top Issue for Working Women,” October 13,2014, available at http://www.gallup.com/poll/178373/americans-say-equal-pay-top-issue-working-women.aspx; Harris Interactive, “Vast Majority of Americans Favor FlexibleWorkplace Policies,” Press release, June 19, 2014, available athttp://www.harrisinteractive.com/NewsRoom/HarrisPolls/tabid/447/ctl/ReadCustom%20Default/mid/1508/Arti-cleId/1453/Default.aspx.

3 Gallup, “Americans Say Equal Pay Top Issue for WorkingWomen.”

4 Sarah Jane Glynn, “Breadwinning Mothers, Then and Now”(Washington: Center for American Progress, 2014), availableat https://cdn.americanprogress.org/wp-content/up-loads/2014/06/Glynn-Breadwinners-report-FINAL.pdf .

5 Center for American Progress, “More Than a Number:Combatting Pay Discrimination in the Workplace,” April7, 2014, available at https://www.americanprogress.org/events/2014/03/31/86728/more-than-a-number-combat-ting-pay-discrimination-in-the-workplace/.

6 Ariane Hegewisch, Claudia Williams, and Robert Drago, “PaySecrecy and Wage Discrimination” (Washington: Institute forWomen’s Policy Research, 2011), available at http://www.iwpr.org/publications/pubs/pay-secrecy-and-wage-discrim-ination.

7 29 U.S. Code 206(d).

8 National Women’s Law Center, “Closing the ‘Factor Other

Than Sex’ Loophole in the Equal Pay Act,” April 12, 2011,available at http://www.nwlc.org/resource/closing-factor-other-sex-loophole-equal-pay-act.

9 Bureau of Labor Statistics, “Table 32. Leave benefits: Access,private industry workers, National Compensation Survey,March 2013,” available at http://www.bls.gov/ncs/ebs/ben-efits/2013/ownership/private/table21a.htm (last accessedFebruary 2015); Sarah Jane Glynn and Jane Farrell, “LatinosLeast Likely to Have Paid Leave or Workplace Flexibility”(Washington: Center for American Progress, 2012), availableat https://cdn.americanprogress.org/wp-content/up-loads/2012/11/GlynnLatinosPaidLeave1.pdf .

10 Bryce Covert, “Philadelphia Joins The Growing Ranks OfCities Requiring Paid Sick Days,” ThinkProgress, February12, 2015, available at http://thinkprogress.org/econo-my/2015/02/12/3622339/philadelphia-paid-sick-leave/.

11 Council of Economic Advisers, “The Economics of Paid and

Unpaid Leave” (Executive Office of the President, 2014),available at http://www.whitehouse.gov/sites/default/files/docs/leave_report_final.pdf .

12 Lavendrick Smith, “Bill would require all but small-est businesses to offer sick leave,”The Olympian,January 26, 2015, available at http://www.theolympian.com/2015/01/26/3546274/bill-would-require-all-but-small-est.html; The Main Street Alliance, “Makini Howell at WhiteHouse Summit: ‘Every Job Should Be an Economy-BoostingJob’,” June 23, 2014, available at http://mainstreetalliance.org/6546/makini-howell-at-white-house-summit-every-job-should-be-an-economy-boosting-job/.

13 The White House, “White House Summit on WorkingFamilies,” YouTube, June 23, 2014, available at https://www.youtube.com/watch?v=vkj4w0Ov6Zw#t=6340.

14 Ibid.

15 Sarah E. Needleman, “Sick-Time Rules Re-Emerge,”The WallStreet Journal , March 1, 2012, available at http://www.wsj.com/articles/SB10001424052970203986604577253550802

792104; Paid Sick Time and Paid Safe Time Seattle MunicipalCode 14.61 (SMC 14.61).

16 Marianne Levine, “President Obama to expand paidsick leave,” Politico, January 14, 2015, available at http://www.politico.com/story/2015/01/paid-sick-leave-expan-sion-114284.html.

17 Bureau of Labor Statistics, “Table 32. Leave benefits: Access,private industry workers, National Compensation Survey,March 2013.”

18 Emily Baxter, Judith Warner, and Sarah Jane Glynn, “Info-graphic: To Promote Women’s Leadership, We Need PublicPolicy,” Center for American Progress, December 11, 2014,available at https://www.americanprogress.org/issues/women/news/2014/12/11/102957/infographic-to-promote-womens-leadership-we-need-public-policy/.

19 Covert, “Philadelphia Joins The Growing Ranks Of Cities

Requiring Paid Sick Days.”

20 Jody Heymann and others, “Contagion Nation: A Compari-son of Paid Sick Day Policies in 22 Countries” (Washington:Center for Economic and Policy Research, 2009), availableat http://www.cepr.net/documents/publications/paid-sick-days-2009-05.pdf .

21 Jason Butkowski, “Paid Family Leave: My Working Family’sJourney,” U.S. Department of Labor Blo g, December 11,2014, available at https://blog.dol.gov/2014/12/11/paid-family-leave-my-working-familys-journey/.

22 Ibid.


24 International Labour Organization, “Maternity and Paternityat Work: Law and Practice Across the World” (2014), available

at http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/wcms_242615.pdf.


26 29 U.S. Code 2601.

27 Wage and Hour Division, FMLA is Working (U.S. Departmentof Labor), available at http://www.dol.gov/whd/fmla/sur-vey/FMLA_Survey_factsheet.pdf (last accessed March 2014).

28 California, New Jersey, and Rhode Island. See Covert, “Phila-delphia Joins The Growing Ranks Of Cities Requiring PaidSick Days.”

29 Lawrence M. Berger and Jane Waldfogel, “Maternity Leaveand the employment of new mothers in the United States ,”

Journal of Population Economics17 (2) (2004): 331–349.

30 Claire Cain Miller, “In Google’s Inner Circle, a Falling Numberof Women,”The New York Times, August 22, 2012, availableat http://ww w.nytimes.com/2012/08/23/technology/in-googles-inner-circle-a-falling-number-of-women.html?pagewanted=all.

31 Maryella Gockel, Testimony before the U.S. Senate Commit-tee on Health, Education, Labor, and Pensions, “Paid FamilyLeave: the Benefits for Businesses & Working Families,” July30, 2014, available at http://www.help.senate.gov/imo/me-dia/doc/Gockel.pdf.

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arrisPolls/tabid/447/ctl/ReadCustom%20Default/mid/1508/ArticleId/1453/Default.aspxhttp://www.harrisinteractive.com/NewsRoom/HarrisPolls/tabid/447/ctl/ReadCustom%20Default/mid/1508/ArticleId/1453/Default.aspxhttp://www.gallup.com/poll/178373/americans-say-equal-pay-top-issue-working-women.aspxhttp://www.gallup.com/poll/178373/americans-say-equal-pay-top-issue-working-women.aspxhttp://www.americanwomen.org/research/document/Public-Memo-American-Women-Focus-Groups-and-Polling-1.pdfhttp://www.americanwomen.org/research/document/Public-Memo-American-Women-Focus-Groups-and-Polling-1.pdfhttp://www.americanwomen.org/research/document/Public-Memo-American-Women-Focus-Groups-and-Polling-1.pdfhttp://www.brighamandwomens.org/about_bwh/publicaffairs/news/pressreleases/PressRelease.aspx?PageID=1980http://www.brighamandwomens.org/about_bwh/publicaffairs/news/pressreleases/PressRelease.aspx?PageID=1980http://www.washingtonpost.com/opinions/eugene-robinson-todd-akin-comment-brings-war-on-women-back-to-prominence/2012/08/20/c4570fae-eafd-11e1-9ddc-340d5efb1e9c_story.htmlhttp://www.washingtonpost.com/opinions/eugene-robinson-todd-akin-comment-brings-war-on-women-back-to-prominence/2012/08/20/c4570fae-eafd-11e1-9ddc-340d5efb1e9c_story.htmlhttp://www.washingtonpost.com/opinions/eugene-robinson-todd-akin-comment-brings-war-on-women-back-to-prominence/2012/08/20/c4570fae-eafd-11e1-9ddc-340d5efb1e9c_story.htmlhttp://www.washingtonpost.com/opinions/eugene-robinson-todd-akin-comment-brings-war-on-women-back-to-prominence/2012/08/20/c4570fae-eafd-11e1-9ddc-340d5efb1e9c_story.html


14/14

32 The White House, “Working Families Summit: ‘FamiliesMatter’,” YouTube, June 23, 2014, available at https://www.youtube.com/watch?v=Re0nkj0cxwg.

33 Ibid.

34 Brigid O’Farrell, “NWU Goes to White House Summit onWorking Families,” National Writers Union, June 27, 2014,available at https://www.nwu.org/nwu-goes-white-house-summit-working-families; The White House, “WorkingFamilies Summit: ‘Families Matter’.”

35 The White House, “Working Families Summit: ‘Families Mat-

ter’.”

36 Claudia Goldin, “Hours, Flexibility, and the Gender Gap inPay” (Washington: Center for American Progress, 2014),available at https://www.americanprogress.org/issues/economy/report/2014/06/23/92502/hours-flexibility-and-the-gender-gap-in-pay/.

37 Susan J. Lambert, Anna Haley-Lock, and Julia R. Henly,“Schedule flexibility in hourly jobs: unanticipated conse-quences and promising directions,”Community, Work &Family 15 (3) (2012): 293–315.

38 See similar laws from Vermont and San Francisco. VermontGeneral Assembly, H. 99, “No. 31. An act relating to equalpay” (2014), available at http://www.leg.state.vt.us/docs/2014/Acts/ACT031.pdf; David Chiu, “San FranciscoFamily Friendly Workplace Ordinance: Legislative FactSheet” (City and County of San Francisco, 2013), avail-able at http://www.sfbos.org/Modules/ShowDocument.

aspx?documentid=45824.

39 Council of Economic Advisers, Women’s Participation in Educa-tion and the Workforce (Executive Office of the President,2014), available at http://www.whitehouse.gov/sites/default/files/docs/eleven_facts_about_family_and_work_final.pdf .

40 Center for American Progress, “Why Women’s EconomicSecurity Matters for All” (2014), available at http://cdn.ameri-canprogress.org/wp-content/uploads/2014/09/09.18.14-CAP-Womens-Economic-Security-transcript.pdf .

41 Karen Schulman and Helen Blank, “Downward Slide: StateChild Care Assistance Policies 2012” (Washington: NationalWomen’s Law Center, 2012), available at http://www.nwlc.org/sites/default/files/pdfs/NWLC2012_StateChildCareAs-sistanceReport.pdf .

42 Stephanie Schmit and others, “Investing in Young Children:A Fact Sheet on Early Care and Education Participation,Access, and Quality” (Washington and New York: Center for

Law and Social Policy and National Center for Children inPoverty), available at http://www.nccp.org/publications/pdf/text_1085.pdf.

43 Child Care Aware of America, “Child Care in America:2014 State Fact Sheets” (2014), available at http://usa.childcareaware.org/sites/default/files/19000000_state_fact_sheets_2014_v04.pdf .

44 Ibid.

45 Cynthia Brown and others, “Investing in Our Children:A Plan to Expand Access to Preschool and Child Care”(Washington: Center for American Progress, 2013), availableat https://www.americanprogress.org/issues/education/report/2013/02/07/52071/investing-in-our-children/.

46 Judy Sarasohn, “Yvonne’s #GetCovered Story: Thankful forCoverage,” U.S. Department of Health and Human Services,November 26, 2014, available at http://www.hhs.gov/

blog/2014/11/26/yvonnes-getcovered-story-thankful-coverage.html.

47 The White House, The Affordable Care Act Helps Women (Executive Office of the President), available at http://www.whitehouse.gov/sites/default/files/docs/the_aca_helps_women.pdf (last accessed March 2015).

48 U.S. Department of Health and Human Services, “Womenand the Affordable Care Act,” available at http://www.hhs.gov/healthcare/facts/factsheets/2011/08/affordable-care-act-women.html (last accessed February 2015).

49 Amy Burke and Adelle Simmons, “Increased Coverage ofPreventive Services With Zero Cost Sharing Under The Af-fordable Care Act” (Washington: U.S. Department of Health

and Human Services, 2014), available at http://www.aspe.hhs.gov/health/reports/2014/PreventiveServices/ib_Pre-ventiveServices.pdf .

50 IMS Institute for Healthcare Informatics, “Medicine useand shifting costs of healthcare: A review of the use ofmedicines in the United States in 2013” (2014), available athttp://www.imshealth.com/cds/imshealth/Global/Content/Corporate/IMS%20Health%20Institute/Reports/Secure/IIHI_US_Use_of_Meds_for_2013.pdf .

51 Burwell v. Hobby Lobby Stores, Inc ., 134 S. Ct. 2751 (2014),available at http://scholar.google.com/scholar_case?case=5322529599500468186&q=burwell+v.+hobby+lobby&hl=en&as_sdt=20006&as_vis=1.

52 42 U.S. Code 2000bb.

53 Donna Barry and others, “A Blueprint for ReclaimingReligious Liberty Post-Hobby Lobby ” (Washington: Center for

American Progress, 2014), available at https://cdn.american-progress.org/wp-content/uploads/2014/07/ReligiousLiber-tyReport.pdf .

54 Planned Parenthood Action Fund, “Memo: Planned Parent-hood Action Fund 2014 Election Analysis,” Press release,November 6, 2014, available at http://www.plannedparent-hoodaction.org/elections-politics/newsroom/press-releas-es/memo-planned-parenthood-action-fund-2014-election-analysis/.

55 Center for American Progress, “The High Costs of BirthControl: It’s Not As Affordable As You Think” (2012), availableat https://www.americanprogress.org/issues/women/news/2012/02/15/11054/the-high-costs-of-birth-control/.

56 U.S. Senate Committee on Finance, “The Patient Choice, Af-fordability, Responsibility, and Empowerment (CARE) Act: ALegislative Proposal” (2014), available at http://www.hatch.senate.gov/public/_cache/files/bf0c9823-29c7-4078-b8af-aa9a12213eca/The%20Patient%20CARE%20Act%20-%20

LEGISLATIVE%20PROPOSAL.pdf .

57 Associated Press, “Cory Gardner changes stance on person-hood,” Politico, March 24, 2014, available at http://www.politico.com/story/2014/03/cory-gardner-personhood-colorado-senate-election-2014-104963.html.

58 See https://www.congress.gov/ (last accessed February2015). Search for “abortion” and view the analysis of intro-duced anti-abortion bills.

59 Heather Boonstra, “Insurance Coverage of Abortion: Beyondthe Exceptions For Life Endangerment, Rape and Incest,”Guttmacher Policy Review 16 (3) (2013): 2–8, available athttp://www.guttmacher.org/pubs/gpr/16/3/gpr160302.html.
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a challenge to congress

Documents