Lt. Gov. Diane Denish Friday criticized the U.S. Senate — and specifically U.S. Sen. Pete Domenici — for voting to kill action on a federal Fair Pay Act. The tally was four votes shy of the 60 needed for the Senate to act on the "Lilly Ledbetter Fair Pay Act," which would have loosened restrictive time restraints the U.S. Supreme Court imposed on workers who sue for pay discrimination.

 

Wednesday’s Senate vote was "a blow to all women and anyone else who works for unfair and unequal wages," Denish said in a press release. She specifically criticized Domenici, R-N.M., for his "no" vote, saying, "It’s a shame that, in his final year in office, Sen. Domenici would not support women and fair pay."

 

Sen. Jeff Bingaman, D-N.M., voted "yes" on taking up the Fair Pay Act. The House last July passed legislation loosening the Supreme Court limit, 225-199. The White House had threatened to veto the Senate bill, had it passed.

 

Denish urged New Mexicans "to contact our delegation and voice their disappointment …" and "insist that they support legislation that protects women and ensures they earn the same dollar for the same work as men."

 

The Senate vote came one day after Denish and the Southwest Women’s Law Center released a study showing that New Mexico women continue to earn less than men for comparable work.  

 

The Fair Pay Act is a response to the Supreme Court’s reversal last May of a jury award won by Lilly Ledbetter, an Alabama woman who was being paid $6,500 a year less than her lowest-paid male peer and sued. The high court threw out the award, ruling that workers must file a discrimination claim no later than 180 days after receiving their first discriminatory check. Ledbetter, who had worked at her company 20 years, said it was several years before she realized, through overheard conversations, that she was being paid less. Then, because she feared she might lose her job, she waited until she retired to file her claim.

 

The Fair Pay Act that bears her name would allow workers to file a complaint 180 days after receipt of any discriminatory paycheck, not within 180 days of the first.

 

As fair pay advocates point out, unfair pay leads to lowered Social Security benefits, 401(k) savings plans and any other benefits that are income-based.

 

In dissenting with the majority in the Supreme Court’s 5-4 vote, Justice Ruth Bader Ginsburg wrote, "In our view, this court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination."

 

NMI has placed a call to Sen. Domenici’s office asking for a reponse to Denish’s comments, which will be posted as soon as it’s received.