Career Calling

April 13, 2014

Getting Fired for Freedom of Speech

 

Common Dreams has posted an article by Michelle Chen that examines one reason for wage disparities between men and women. In many states, employers can fire employees who discuss their salaries with other employees. Last week the Senate failed to pass The Paycheck Fairness Act, a bill that would have prevented this practice (if the bill passed the House, which would not have happened). How serious is this issue? Chen cites a 2003 study claiming that 1/3 of employers have rules that prevent employees from discussing pay with co-workers.

 

Why isn’t this practice a violation of the First Amendment? Chen explains that employers claim that pay is similar to a “trade secret,” confidential information. She also reminds readers of Lilly Ledbetter’s story. Ledbetter was doing the same job as her male peers at Goodyear Tire, but did not know she was paid less. When she found out and sued, the court ruled that she had not acted in a timely manner even though she did not have the information because of the employer rules described above.

 

I recommend that you read Chen’s story to get the full sense of this story. Should employers have this right? I don’t think so. Yes, employees should not discuss proprietary information. Salary does not fall in this realm. Instead, employers are bullying employees to control them and keep them afraid. This is another reason why American workers should support stronger labor laws and unions.

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