Paycheck Fairness Act Becomes Law

 Supervisor Lilly Ledbetter worked at a Goodyear Tire and Rubber Company plant in Alabama for nearly 20 years.  One day, Ledbetter learned through an anonymous note that her salary was 20 percent lower than that of the lowest paid male supervisor, despite having more experience than several of them.  She immediately filed a case against her employer under the provisions of the Equal Pay Act of 1963.  A jury agreed with Ledbetter: her employer had unlawfully discriminated against her on the basis of her gender, and she was awarded compensation for the wages she had rightfully earned.  

 However, Ledbetter’s story did not end there.  Her employer appealed the jury’s decision, saying she had waited too long to file her case.  After over 10 long, trying years in courts, Ledbetter’s case was eventually heard before the Supreme Court.  The Court ruled against Ledbetter, finding that it didn’t matter whether Ledbetter had been discriminated against because of her gender, because she had waited too long to file her case. 

 Unfortunately, the Court’s decision severely restricted the rights of employees to challenge unlawful pay discrimination.  So, I was, of course, pleased when Congress and the President came together to reverse the Court’s decision.  On, January 22, 2009, the Senate approved S. 181, the Lilly Ledbetter Fair Pay Act of 2009, by a vote of 61 to 36.  The House of Representatives followed suit, approving the bill on January 27, 2009, by a vote of 250 to 177.  On January 29, 2009, the President signed the Lilly Ledbetter Fair Pay Act into law.

 Under the Ledbetter law, workers must challenge pay discrimination within 180 days of receiving a discriminatory paycheck.  The law limits back pay awards to two years and applies to workers who file for claims of discrimination on the basis of race, sex, national origin, religion, age, or disability.  In addition, the law clarifies that once an individual files a charge, she does not need to continue filing new charges with each new discriminatory paycheck.

 In January, the House of Representatives also considered and approved H.R. 12, the Paycheck Fairness Act, by a vote of 256 to 163.  Passage of this important legislation would help end the discriminatory practice of paying men and women unequally for performing the same jobs and would close loopholes that have allowed employers to avoid responsibility with respect to discriminatory pay.  I am hopeful that the Senate will act quickly to approve this bill. 

 Equal pay is not simply a women’s issue, but a family issue.  The wage gaps hurts everyone – parents, children, spouses – because it lowers family incomes that pay for daily essentials like groceries, child care, and doctors’ visits.  When women earn more, the entire family benefits.  I commend the Congress and the President for enacting the Lilly Ledbetter Fair Pay Act and am optimistic about the future of the Paycheck Fairness Act.  This is a critical step to strengthening families and rebuilding the middle class.

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