BUSINESS
New York City Public Policy Issues
Motherhood Pentalty
Mothers face a significant earnings gap and limited career advancement opportunities due to the motherhood penalty.
NY Equal Rights Amendment
The New York Equal Rights Amendment aims to solidify gender equality in the state, but it still requires voter approval and robust enforcement to become fully effective.
Pay Equity
The gender pay gap remains a significant issue, with women earning only $0.835 for every dollar earned by men.
Sexual Harassment
Sexual harassment continues to be pervasive, with many survivors facing retaliation and a criminal justice system that often fails to deliver justice.
The Motherhood Penalty
Background
Motherhood often results in a significant financial penalty for women, commonly referred to as the "motherhood penalty." This phenomenon is characterized by a decrease in women's pay once they become mothers. On average, mothers earn only 63 cents for every dollar paid to fathers. The high cost of childcare further exacerbates this issue, forcing many women out of the workforce. Hiring managers are less likely to hire mothers compared to women without children, and when employers do extend job offers to mothers, they often propose lower salaries. Conversely, men do not experience this penalty when they become fathers.
Progress
New York has made significant strides in addressing the motherhood penalty through initiatives like the Paid Family Leave (PFL) program, which provides eligible employees with up to 12 weeks of paid, job-protected leave at 67% of their average weekly wage. This policy helps mitigate some of the financial and career impacts of taking time off for childbirth and caregiving. Additionally, the 20-hour law for doctors’ visits under PFL further supports working parents by allowing time for necessary medical care without jeopardizing their employment.
Still To Do
To fully address the motherhood penalty, the U.S. needs to improve its maternity leave policies. While New York’s Paid Family Leave is a step in the right direction, it falls short compared to countries like Sweden, which offers 480 days of paid parental leave, or Canada, with up to 18 months of partially paid leave. Expanding maternity leave in the U.S. to be more generous and inclusive would better support mothers, reduce the gender pay gap, and align with global standards for parental leave.
NY Equal Rights Amendment
Background
The New York Equal Rights Amendment (ERA) aims to amend the state constitution to prohibit discrimination based on a person's ethnicity, national origin, age, disability, and sex. This includes protections for sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes. If passed, the ERA would explicitly ensure that these forms of discrimination are recognized as violations of civil rights, providing stronger legal safeguards for women and other marginalized groups in New York. The ERA is particularly significant for women as it would enshrine their rights to reproductive autonomy and access to reproductive healthcare in the state constitution, offering protection against any government actions that might undermine these rights.
Progress
The ERA is in effect to an extent – but it is not broad enough and it has not been ratified.
Still To Do
Despite this progress, the NY ERA still faces challenges before it can be fully realized. The amendment requires voter approval in a statewide referendum to be added to the constitution. Public awareness and education efforts are essential to garner the necessary support. Additionally, even if passed, ongoing vigilance will be needed to ensure its effective implementation, particularly in addressing the structural inequalities and biases that persist in various sectors, such as employment, healthcare, and education.
Pay Equity
Background
The gender pay gap remains a significant issue, with women earning only $0.835 for every dollar earned by men. This disparity not only affects women’s current earnings, but also translates to lower lifetime earnings, which impacts their social security benefits and pension plans. As a result, women only have about 70% of the overall retirement income that men do, putting them at a financial disadvantage in their later years.
Additionally, women hold nearly two-thirds of the outstanding student debt in the U.S., amounting to approximately $929 billion. This combination of lower earnings and higher debt contributes to a cycle of financial inequality that affects women’s economic stability throughout their lives.
Progress
One of the most important aspects of the law that bans salary history inquiries, which took effect on January 6, 2020, is that New York employers cannot ask job applicants to provide their wage or salary history as a condition of employment. In addition, current employees do not have to provide their salary history from any outside employers. The law also prevents businesses from seeking similar information from other sources. This law is an important step toward bridging any existing gender wage gap in New York State.
New York’s Achieve Pay Equity Act (APEA), which took effect in 2015, expands the definition of "equal pay for equal work." It prohibits unequal pay on the basis of a protected class for all substantially similar work. Former Governor Cuomo has called on businesses in New York to conduct internal reviews of their pay policies and make adjustments as necessary in accordance with the new law.
Still To Do
Despite progress, pay equity in the U.S. and New York still faces significant challenges. One key area is salary transparency, which remains limited in many workplaces. Encouraging open discussions about pay among colleagues can help identify and address disparities, fostering a culture where employees feel empowered to share their earnings and advocate for fairness. Additionally, salary negotiation skills are critical but often undervalued, especially for women and marginalized groups who may face barriers when negotiating their worth. Promoting transparency and providing negotiation training can help bridge the wage gap and ensure equitable compensation for all workers.
Sexual Harassment
Background
Sexual harassment in the workplace remains a pervasive issue despite existing protections. Nationally, Title VII of the Civil Rights Act provides protection, yet studies indicate that 34% of female employees report being sexually harassed by a colleague. The repercussions are profound, threatening women’s mental health, physical safety, and economic security while contributing to the leadership gap by deterring women from advancing in their careers.
Progress
Significant progress has been made in addressing sexual harassment, particularly in New York, where the state has mandated that all employers adopt a sexual harassment prevention policy and provide annual interactive training. This requirement aims to educate employees about inappropriate conduct, fostering safer and more respectful workplaces. Additionally, Title IX continues to play a crucial role in protecting individuals from sex-based discrimination in educational institutions, ensuring that schools take necessary steps to prevent and address sexual harassment. The Adult Survivor’s Act in New York further empowers survivors by extending the statute of limitations, allowing more time for legal action against perpetrators. These measures collectively represent important strides in combating sexual harassment and supporting survivors in seeking justice.
Still To Do
While there has been progress in addressing sexual harassment, significant challenges remain. Flaws in the criminal justice system, such as lengthy legal processes, the burden of proof on survivors, and inconsistent enforcement of laws, often hinder justice for victims. Additionally, retaliation at work continues to be a pervasive issue, with many employees fearing retribution or career damage if they report harassment. These concerns deter victims from coming forward, perpetuating a culture of silence. Addressing these flaws by strengthening legal protections, ensuring swift and fair investigations, and creating a workplace environment where reporting harassment is safe and supported are crucial steps still needed to combat sexual harassment effectively.