BusinessReport.com

For the fourth time since 2004, the Legislature has rejected a bill designed to tighten oversight on gender pay equity. Proponents argued an additional layer of policy from the state is needed to close the income gap. Opponents say federal legislation already exists, and such a move would invite lawsuits disproportionately aimed at small businesses.

As debates go in Louisiana, this one has been pretty flat, despite statistics circulated by the AAUW that the pay gap between full-time college educated men and women in the state is 35%—the highest in the country. A small group of female activists has continued to find sponsorship and bring the idea forward, while the pro-business community falls back on Louisiana’s innate abhorrence for lawsuits to stymie its advancement.

But there are other facets to the issue than simply the passage of new legislation. First, progress has been made—and will continue—in closing the gap as women move into traditionally male-dominated sectors and occupy a bigger chunk of management. Furthermore, national corporations and the public sector have streamlined staffing patterns and tied tight ranges to positions—regardless of gender. Small businesses can be murky territory—there is less global oversight—but a growing number are documenting what their staff positions earn, recognizing that subjectivity can lead to exposure.

There’s another issue that can’t be left out of the pay equity conversation: salary negotiation. Some women are born with negotiating chops and never think twice about asking for plum assignments, better benefits, a window office or higher starting salary. But according to a study conducted by Carnegie Mellon University professors in 2003, even high-achieving women are significantly less likely to simply ask for what they want than their male counterparts.

The study, compiled in a book entitled Women Don’t Ask, Negotiation and the Gender Divide, reported that 20% of adult women said they never negotiate, even though they recognize its importance. It also found women four times less like than men to negotiate salary, a habit that could cost women up to $500,000 by retirement, authors Linda Babcock and Sara Laschever concluded.

How did we, collectively, become a bunch of mutes? It’s deep-rooted in the culture, Babcock and Laschever say, summed up in the metaphors used by men and women about the negotiating process. For women, it was “going to the dentist,” while men found “winning a ballgame” a better comparison.

Lee Miller, author of Get More Money on Your Next Job … in Any Economy, says, “Women tend very often to not see things as opportunities to negotiate. They see them as choices.”

Thus, when presented a job offer, a woman might be inclined to say “yes” or “no,” rather than approach the offer ready to negotiate. Miller advises candidates to reiterate their interest, but say, “I’m a little disappointed in the offer. My research shows ‘x’ for a position like this. Is there anything you can do?” More than likely, an employer will return with more money, or increased benefits, Miller says.

To some extent, the tendency has been generational says Peg Buchenroth, senior vice president of human resources for national staffing firm Hudson. “The older generation tends to have fewer expectations, but Generation Y and younger tends to be very self-confident and believes that anything is possible,” she says.

One reason is the era in which Generation X and their forebearers entered the workforce—a time before women headed en masse into nontraditional fields. Today, enrollment in law school and medical school is evenly split between the genders, and MBA programs are close behind.

Another reason is technology. Women who began working recently have been armed with Internet research, salary comparisons, even mentorship through an open, accessible global dialogue.

The good news is that negotiating is nothing more than a learned skill that comes more naturally the more it’s accomplished, Miller says.

“Once they realize it’s OK to negotiate, women bring critical skills that make them great negotiators, including empathy and the ability to listen,” he says. “It can be very powerful.”