Mark Herring, the Democratic incumbent running in Virginia’s race for attorney general, may have to answer questions about his commitment to equal pay before election day on Nov. 7.
Herring settled a lawsuit early this year with a former assistant attorney general, Ann Marie Reardon, who alleged his office violated the Equal Pay Act of 1963 when it came to determining her compensation. The lawsuit and subsequent settlement have received little media attention, but on Thursday, Concerned Women for America President Penny Nance resurrected the matter in a scathing column for the Roanoke Times.
Nance, a prominent conservative movement leader, presented the details of Reardon’s claims, writing, “Her starting salary was $62,000, but the state range for people in her position at the time was $70,000 to $90,000. When she learned this, she went to her superiors. For four years, she continued to fight for equal pay, receiving small raises each time, but nothing equal to men in the same position.”
“In 2015, Mark Herring decided to take action, but not the action you’d expect,” Nance continued. “He fired the female attorney. But only after keeping her on through two big trials which further shows her competence and skill.”
She also noted Reardon’s salary was $65,280 at the time of her firing, though the state’s pay matrix had just increased the starting salary for her position to $90,800.
Nance pulled no punches. “How can women ever expect to be recognized as equal, through pay or otherwise, if our own state leaders aren’t even willing to do just that?” she asked, later adding, “Mark Herring’s actions should have everyone seriously questioning how much he will look out, and stand up, for women.”
The case caught Washington Post columnist Petula Dvorak’s attention back in February. Dvorak cited Reardon’s lawsuit as an ostensibly clearcut example of pay discrimination at the time.
Herring’s Republican opponent, John Adams, also broached the matter this week in an appearance on the Hugh Hewitt Show. “A lot of people don’t realize our attorney general was sued by a female assistant attorney general just last year,” he said. “When she complained about being paid less than her male counterparts, [Herring] fired her. So, he had to settle for 200,000 of our tax dollars in that equal pay discrimination lawsuit.”
Both Adams’ campaign and the Republican Attorneys General Association, which recently sent Adams an additional $550,000, have run press releases mentioning the lawsuit.
On his website, Herring says he’s been “an unwavering advocate for Virginia women on issues of economic fairness.” With less than two weeks to go before election day, the liberal attorney general may have to prove that claim to voters amid increasing pressure from Republicans.
