Could President Trump’s Administration Help with the Gender Pay Gap?Equal Pay
President Trump has demonstrated some interest in supporting paid family leave, leaving people hopeful for improvement in that area of employment law. There are three primary things the Trump administration could do in order to decrease the gender pay gap.
First, this administration could promote existing laws like the Fair Labor Standards Act. Providing more overtime pay under the Fair Labor Standards Act would allow women holding qualifying positions to obtain a higher salary and therefore equal pay.
Second, the Trump Administration could go a step further and provide real paid family leave. President Trump has expressed his support of paid maternity leave, but that approach could backfire and encourage companies to hire fewer women. Real paid family leave would mean maternity and paternity leave, allowing women to remain in the workplace and bridge the gender pay gap.
Finally, President Trump could appoint judges who are in support of the Equal Pay Act, which enables women to file with the Equal Employment Opportunity Commission or federal court if they were paid less than their male coworkers for the same work. Winning such a case would mean the employer would have to pay the wage difference or a sum twice the difference of this gender pay gap, along with legal fees.
Unfortunately, there are numerous loopholes in the law and therefore it is relatively easy to have a case dismissed. Appointing judges who support the Equal Pay Act would emphasize the significance of the gender pay gap and therefore holding companies accountable for violating the law.
These changes would greatly lessen the gender pay gap, but unfortunately it is unlikely that the Trump Administration will implement these changes. Tom Spiggle, founder of the Spiggle Law Firm, goes over how this issue could be resolved in his article on the subject here.