Phoenix’s equal-pay measure builds on success of LGBT ordinance

 By Liz Massey - April 23, 2015

Supporters of fair workplace treatment for all notched another victory March 24, when the Phoenix City Council unanimously passed a measure aimed at bridging the pay gap between men and women.

The ordinance emphasizes how the city’s code mirrors federal law, which makes it illegal to pay men and women differently when performing equal work under similar conditions.

Advocates for the equal pay ordinance say its success stemmed in part from the passage in 2013 of a measure that banned anti-LGBT discrimination in city contracts, housing, employment and public accommodations. And LGBT advocates following the progress of the ordinance say that both the equal-pay act and the LGBT non-discrimination ordinance are two small steps toward rehabilitating Arizona’s battered image in the eyes of the outside world.

In Phoenix, women are paid 83 cents for every dollar a man earns; this is better than the American average of 77 cents, but women of color in the Valley and elsewhere often earn far less than that.

Jodi Liggett, a former policy advisor to Phoenix Mayor Greg Stanton and chair of the Phoenix Women’s Commission, explained that in early 2014, Stanton challenged incoming Councilwoman Kate Gallego to help him enact an equal-pay ordinance.

Gallego, who represents the city’s District 8, headed up a working group that studied the issue for a year before issuing its findings. Liggett noted that the group consulted with a variety of organizations, including the YWCA and the American Association of University Women, about the best ways to make the ordinance effective.

While the measure lays out no new penalties for those violating the provisions of the ordinance, it makes explicit that the city’s laws are in harmony with the federal Equal Pay Act of 1963. It requires city contractors to pay their male and female employees equally.

A new protection included in the current ordinance is a non-retaliation provision, which means that if a woman questions pay equity in her job or files a wage discrimination complaint she is protected from being punished for raising the issue.

“[These] are important steps to ensure protections in a still-imperfect society,” Liggett said. “Sadly, these legal protections are needed to level the playing field and ensure that everyone shares in the American dream.”

Other suggestions submitted by Gallego’s working group focused on empowering women. City employees and contractors will now have access to workshops on how to research pay-scale issues and improve their salary negotiation skills. Liggett said this part of the city’s actions was just as important as the law itself.

“Raising awareness is maybe the most important thing,” Liggett said. “[Because of these workshops] women will understand their right to equal treatment with regard to pay and understand that they have a course of action if they face wage discrimination.”

Sara Presler, CEO of Arizona Foundation for Women, an organization that promotes economic empowerment for women, added that the workshops would be open to women and men alike, and would not be mandatory for city employees to attend. For this reason, she said, the workshops would offer a good opportunity for everyone to take economic empowerment issues into their own hands.

“When we know better, we do better,” she asserted.

Both Liggett and Presler acknowledged that the passage of the LGBT anti-discrimination provision had aided the progress of the equal-pay ordinance.

“This was an incredible experience, having the non-discrimination ordinance lay the groundwork for equal pay,” Liggett said. “Folks fighting for women’s issues or LGBTQ issues are fighting for the same thing: dignity, equality and respect.”

Presler said one of the impressive facts about the 9-0 passage of the equal-pay measure was that there was no discussion of whom to exclude from its protections.

“No one in the room was asking for exceptions to keep out the LGBT community,” she said. “No one debated the definition of the term ‘family’ in the ordinance … One by one, we’re making progress, and the policies work together. That’s a real win.”

Angela Hughey, founder and president of the LGBT interactive web and events organization ONE Community, noted that female members of the queer community, especially minorities, would definitely benefit from the equal-pay ordinance.

“Studies show that lesbian, bisexual and transgender women – and especially lesbian, bisexual, and transgender women of color – face more discrimination than the general female population, especially in the workplace,” Hughey said. “So anything we as a society can do to hurry history towards full equality, such as enacting equal pay protections, is an important step in the right direction.”

Hughey, Liggett and Presler agreed that the equal-pay ordinance and the other measures suggested by the working group have the potential to boost the state’s reputation as a location for new businesses.

Presler added that she was already hearing from women who were learning about the equal pay law and gaining tools to better negotiate their salaries.

Much like the workplace protections for LGBT employees, Hughey said that ensuring women received equal pay is an issue that benefits everyone, not just the group in question.

“Like non-discrimination, equal pay affects everybody,” she said. “We all do better when we have the best talent available to choose from – male or female, gay or straight. Both issues create an environment that allows hard work and talent to speak for themselves.”

Hughey also said that workplace fairness issues, including LGBT anti-discrimination and equal pay, were rapidly becoming recognized as the key to making Arizona look attractive to businesses seeking to relocate here.

“If we (the state of Arizona) want to change our tarnished image nationwide, we have to start treating our people better,” she asserted. “And if we want to attract and retain the best companies, we need every competitive advantage possible … We cannot afford to lose talent simply because we are not welcoming of who people love. In 2015, that is unacceptable.”

Phoenix City Counsel unanimously passed an equal pay ordinance March 24.

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