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The two best statements delivered Thursday in Congress

Jane M. McFetridge, managing partner of Jackson Lewis LLP's Chicago office, testified at the Senate Committee on Health, Education, Labor, and Pensions hearing, "A Fair Share for All: Pay Equity in the New American Workplace." She was the only one of six witnesses to represent business' point of view. From her prepared statement:

The Paycheck Fairness Act would preclude employers from making market-based pay determinations, encourage frivolous litigation, and expose companies to financial ruin by way of uncapped punitive damages and massive class action litigation. Rather than eliminating discrimination, the legislation, if passed, would provide a windfall to attorneys who litigate employment discrimination cases, but result in no meaningful change in the extant wage differential. Furthermore, the Paycheck Fairness Act would levy enormous cost on companies and employers already reeling from the worst economic crisis we have seen in most of our lives.

We were also impressed by the presentation from Jan Baran, senior partner and head of the Election Law and Government Ethics group at Wiley Rein LLP. Baran testified at the hearing by the House Financial Services Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises, "Corporate Governance after Citizens United."

In his prepared statement, Baran made it clear that attempts to limit speech by corporations (including nominally foreign corporations) of by trade associations would run afoul of the requirement that speech be treated equally, no matter the entity. Baran also submitted an article he had written summarizing the Citizens United ruling, "Citizens United v. FEC: Independent Political Advertising by Corporations in Support of or in Opposition to Candidates May Not Be Prohibited."

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.